If you are getting a divorce, you most likely understand the inherent stress the divorce process entails. Nobody enjoys the divorce process, and it can be made even more complicated if a couple does not agree on the terms of their divorce. Most couples dread the process of litigation, as the terms of their divorce are brought in front of a judge or jury in a courtroom, and the outcome is usually beyond their control, leaving both parties dissatisfied. This is why today, more and more couples are seeking alternative methods of divorce in order to help them come to an agreement outside of a courtroom setting. If you live in New Jersey and are seeking a divorce, here are some of the questions you may have:
What is a mediated divorce?
Essentially, instead of you and your spouse appearing before a judge or jury, you sit down with an unbiased third-party mediator. The mediator will then listen to both of your wishes and will work with you in a calm, neutral setting. He or she will help you negotiate the terms of your divorce, and if all goes as planned, the end result will be a fair, just compromise that leaves both you and your spouse feeling content.
What is an arbitrated divorce?
An arbitrated divorce is not unlike a mediated one, except there is usually more than one arbitrator involved. Basically, both you and your spouse will select a neutral arbitrator. From there, the two arbitrators will appoint a third unbiased arbitrator. They will then listen to both you and your spouse and will decide the terms of your divorce based on an unbiased majority rule vote. The goal of all three of these practices is to make each spouse feel as if their voice has been heard, something that is very often lost in the litigation process.
What is a collaborative divorce?
A collaborative divorce is a series of four-way meetings, wherein both you and your spouse discuss the terms of your divorce with both of your attorneys present. Collaborative divorces are supported by a Participation Agreement, which is a document signed by both you and your spouse as well as your attorneys. This document details all involved party’s obligations regarding the collaborative divorce process. Once signed, all parties will be held accountable for putting in the required effort to achieve optimal results. The agreement also bars your attorneys from representing you and your spouse if the process does not work out.
Contact our New Jersey firm
Our firm proudly represents clients in New Jersey who are faced with matters of family law, criminal defense, business law, real estate law, or estate planning. If you require strong and dedicated representation for any of your legal matters, contact The Law Offices of George J. Mardinly to schedule a consultation.