Methods of Resolving Divorce
Going through a divorce is an emotionally difficult time. Choices must be made that can have a lifelong impact on you and your family. You will be faced with decisions regarding:
These decisions can have a major impact into the future from a legal, financial and emotional standpoint. It is highly recommended that you seek the guidance of experienced counsel to assist you through this process.
Overview of Divorce Proceedings
In New Jersey, to obtain a divorce you must file a Complaint with Superior Court and obtain a divorce judgment. In the high majority of cases, incorporated into this judgment are the agreements made by the parties. In the event that you are unable to resolve the issues, the divorce judgment is obtained after a Trial in Court or through arbitration.
A final resolution can be obtained through any of the following:
- Litigation: through a judge’s decision or negotiation during the course of the litigation process;
- Mediation: facilitated by an independent mediator, who channels the communication and helps find agreeable solutions to the issues;
- Collaborative Law: a commitment to resolve the case outside of litigation with the assistance of collaboratively trained attorneys, with a commitment to find a solution that benefits the family, in the collaborative process the parties and counsel generally execute a participation agreement indicating their commitment to resolve the issues without litigation;
- Binding Arbitration: decided by an independent arbitrator who acts as a private judge
The advantages and disadvantages of the processes outlined above should be discussed with experienced counsel.
The Monmouth divorce attorneys at The Law Office of Darren C. O'Toole, LLC have experience in litigation, mediation, arbitration, and collaborative law. Darren O’Toole has Collaborative Law training and is a member of the Jersey Shore Collaborative Law Group. Darren O’Toole has been appointed by the Court as mediators in contested matters.