In movies and TV shows, divorce is often portrayed as a drawn-out and dramatic legal battle, always ending in one or more court appearances. While some divorces do require court time and involve hostile relationships, not all couples will relate to this trope. Amicable couples may wonder if they can get divorced without going to court at all. The answer to this question varies depending on several aspects of the situation. Speak to a Sparta, NJ uncontested divorce attorney for more information and to learn about your legal rights.
How Can I Get Divorced Without Going to Court?
You will probably not have to go to court if you and your spouse agree to an uncontested divorce. An uncontested divorce occurs when both individuals mutually agree to end the marriage and settle important issues on their own including the division of assets, child custody, and alimony. To file for an uncontested divorce you must meet certain requirements.
- Agree on all main divorce issues. You can hammer out the details of property division, spousal support, child custody, and child support by negotiating amongst yourselves, attending mediation sessions, or arbitration.
- Agree on the grounds for divorce. In New Jersey, you can file for either a fault-based or no-fault divorce. In most uncontested divorces, the couple will file for a no-fault divorce on the grounds of irreconcilable differences or an irretrievable breakdown of the marriage.
- Meet the residency requirement. In New Jersey to file divorce papers you must have been a resident in the state for a minimum of one year before filing.
If you meet all of the above requirements you can file for an uncontested divorce. If you and your spouse cannot agree on the grounds or have different ideas of who should receive which assets, how much alimony should be, etc. then you will have to go to court. That is considered a contested divorce because you do not see eye to eye on every aspect of the agreement.
When you can’t come to a satisfactory agreement a judge will make the decision for you after evaluating the details of your relationship and life.
How Can I Obtain an Uncontested Divorce?
Whether or not you are able to avoid court and have an uncontested divorce depends on the details of your situation. If you and your spouse are having an amicable split and have a relatively neutral or positive relationship, it will be easier to come to an agreement. However, if there is bad blood or hostility between the two of you it will pose an issue.
Mediation is a popular tool used by couples to avoid going to court. During mediation, a neutral third party will help guide you and your spouse through negotiations on various issues. The technique has been proven to allow spouses to cooperate more effectively and create unique and flexible solutions. Speak to an attorney to discuss how you can avoid the courtroom during your divorce.
