New Jersey Divorce Options

If you are thinking about divorce, or if your spouse has told you he/she wants a divorce, you have a lot to consider. Divorce can be complicated…and emotional. There are a number of ways to end a marriage in New Jersey. In addition to the “traditional” contested divorce that we are all familiar with, New Jersey is one of the few states that also offers “collaborative divorce” — sometimes referred to as “No Court Divorce.”  There is a lot more information about collaborative divorce on this website, including a quiz that can give you insight into whether a collaborative divorce might be right for you. Collaborative divorce has many benefits as it is typically less expensive and less stressful than traditional, contested divorces.  

A third option is a mediated divorce — where a trained, neutral party, called a mediator, helps the couple reach an amicable agreement.  While the mediator is likely an attorney, the husband and wife do not each have his/her own attorney.  Some people do not feel comfortable not having their own advocate during the divorce process.  

An experienced divorce attorney can help you decide the best option for you.

Collaborative divorce 

In 2014, New Jersey enacted a Collaborative Divorce Act — sometimes referred to as “No Court Divorce.”  It is an alternative to traditional divorce  because virtually the entire process takes place outside the courtroom, and without the involvement of the court.  Rather than litigating in court, the collaborative divorce process seeks to minimize conflict and emotional hurt, and emphasize resolution and a positive look toward the future.  It also can afford both parties a considerable savings in both time and money.A collaborative divorce allows couples to come to an agreement outside of the courtroom. The court When a couple has more control over their future, they are usually happier with the results, because their issues are not decided by a judge. Collaborative divorce is fast becoming a popular way for couples in the State of New Jersey to end their relationship in a less expensive, less stressful manner.  More

Contested (“Traditional”) Divorce

With a traditional divorce, one spouse or the other hires a divorce attorney and then files a “Complaint” with the Court.  The other spouse then engages a divorce attorney to file an “Answer” to the Complaint.  It does not matter who does the filing and who does the answering.  There is really no “advantage” to being the first one to file. More


Mediation is a way for couples to get a divorce that may save time and money for all involved. When couples work together, they are more likely to come to an agreement that is easier to bear. When a couple goes to court, a judge will decide on their case. Mediation leaves control in the hands of the participants. Mediation avoids the attorney and court fees that come with litigation. More