Is it Possible to Have an “Amicable Divorce” in New Jersey?

There are certainly the obvious benefits to of an “amicable divorce” over a contentious divorce.  After all, an amicable divorce would be far better for your children, your emotional health, and certainly beneficial in terms of lower legal fees.

But is an “amicable divorce” possible?  The term “divorce” often evokes painful emotions beyond the grief commonly associated with the breakup of a marriage.  There is also often the fear of a lengthy and contentious divorce legal process and the uncertainty of outcome and affect on your children.

It is possible, however, for couples to arrive at the difficult decision of divorce in a calm, amicable manner and focus on the best outcome for their children and for each other.

Perhaps you and your spouse have acknowledged that the marriage has ended and prefer to minimize adverse financial and emotional consequences.  An amicable, uncontested divorce is possible in these appropriate contexts.  Here’s what you need to keep in mind if you intend to divorce in New Jersey.

In order to divorce amicably, there are a number of issues that you and your spouse will need to agree upon. You may not completely agree on all of them initially, but you’ll need to eventually come to an agreement over the following issues:

  • Property division
  • Spousal support
  • Child custody
  • Parenting time
  • Child support

If it seems like you and your spouse will be able to come to terms with these core areas in a somewhat amicable and co-beneficial way, then you might consider divorce mediation or collaborative divorce to facilitate your final divorce agreement.

Divorce Mediation

If you and your spouse choose mediation, a neutral mediator will assist you in reaching a mutually beneficial divorce agreement.

Ideally, the mediator will listen to, validate, and empathize with both spouses.  Likewise, if you make it a point to listen, validate, and empathize with your spouse, you can help create the cooperative momentum to maximize the chances for efficiently reaching a mutually beneficially settlement.

Collaborative Divorce

Collaborative Divorce is another dispute-resolution process that uses a team approach to guide spouses to reach a settlement of issues including custody and parenting time, alimony and child support, and division of assets and debt.

This process is similar to mediation, however, in Collaborative Divorce, both sides are represented by an attorney.

Skilled Professionals Are Available To Assist Spouses And Their Children

Collaborative Divorce also offers you the support of skilled professionals centered on achieving your needs, goals, and interests. The members of your collaborative “team” consist of you and your spouse, both attorneys, and typically one or more of the following professionals: divorce coach, child specialists, and financial professionals.

When you have a team of professionals all focused on resolving conflicts and finding the best solution for both parties, the results are amazing. The goal of the collaborative “team” is to achieve a global resolution that facilitates the transition to a new family relationship.

Both Parties Communicate What Is Important About An Issue

Rather than arguing about a particular position or solution, couples discuss the importance of an issue. This mutual exchange means that the couple is cooperating with one another instead of adamantly holding onto a position without regard to their spouse’s point of view.

By avoiding as many negative aspects of a contentious divorce as possible, moving forward without hostile feelings is feasible.  An amicable divorce is certainly beneficial to you and most importantly, your children.

Please call or click “contact” or “initial consultation” to learn how I can help you with your amicable divorce in New Jersey

 

 

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