Getting a Collaborative Divorce in NJ? We Have All the Deets
Are you thinking about getting a collaborative divorce in NJ? You’re in the right place! We'll tell you all there is to know about a collaborative divorce—what it entails, who is eligible for it, what the pros and cons are, and how to file for it.
DoNotPay will also present an affordable alternative in the form of an uncontested divorce. If you opt for an uncontested divorce in NJ, DoNotPay will help you draw up a divorce settlement agreement effortlessly.
A collaborative divorce is a method of dispute resolution that happens out of court. In a collaborative divorce, the parties meet together with their respective lawyers to reach a mutually acceptable agreement regarding the terms of their divorce. It is similar to mediation in that both parties work together on solving the issues instead of attending a trial.
For this type of marriage dissolution to work, both parties need to be willing to negotiate the terms of the divorce—the most important being:
The steps to starting a collaborative divorce are:
- Spouses hire an attorney—It’s best if the spouses hire a lawyer who is experienced in collaborative divorces and understands the negotiation process
- Parties meet with their lawyers privately—Parties need to convey what they expect from the divorce and how they want the issues like alimony, splitting assets, child custody, and similar to be handled
- Both spouses meet with each other and their attorneys—Once both spouses decide what they want from the divorce, they will meet with each other and their respective lawyers to discuss whether the terms work for both of them
- Parties attend mediation in NJ (optional)—If the parties disagree on some aspects of the divorce, they can hire a mediator to assist them in reaching a compromise
- The couple signs a “no court” agreement—The “no court” agreement ensures that the parties are willing to cooperate and reach an agreement without proceeding to a trial. This agreement also directs both lawyers to withdraw from the case if it goes to court
- Spouses create a divorce settlement agreement—A marital settlement agreement is one of the crucial documents in a marriage dissolution, and it needs to spell out all the terms of the divorce
- Parties file the divorce papers—Parties need to go to the appropriate county clerk’s office to file their divorce papers. Since they are having a collaborative divorce, the filing won’t be complicated
As much as a collaborative divorce can be your ticket to a friendly divorce, it has its pitfalls. Consult the table below to see the benefits and downsides of a collaborative divorce:
|Advantages of a Collaborative Divorce||Disadvantages of a Collaborative Divorce|
There’s no need to hire a lawyer if you and your spouse already agree on all terms—filing for an uncontested dissolution of marriage is your ticket to a low-cost divorce.
You can file for a quick and uncontested divorce in New Jersey if you meet the following requirements:
|Residency requirements||One or both partners must have resided in NJ for at least one year before the uncontested divorce papers are filed|
|Grounds for divorce||The only acceptable grounds for a no-fault divorce are irreconcilable differences and separation longer than 18 months with no prospects of reconciling|
To file for an uncontested divorce in NJ, you’ll need to complete the following steps:
- Collect all necessary divorce forms—You can find these forms on the New Jersey Courts website or acquire them from the clerk at the county courthouse. Numerous online divorce services also offer divorce form templates
- File the paperwork—You must file the documents with the clerk of the New Jersey court in your or your spouse’s county of residence
- Pay any filing fees—The amount you’ll need to pay for filing the divorce papers depends on the county you live in. If you can’t afford a filing fee, you can request a fee waiver
- Serve the divorce papers—You can serve the papers through a professional process server or a sheriff’s deputy
- Create a divorce settlement agreement—You can have a lawyer draft a marital settlement agreement, but that will cause a great financial setback. If you want a more affordable option, subscribe to DoNotPay
Don’t waste your time and money on creating a divorce settlement agreement—let DoNotPay do it for you! DoNotPay has the intel on all divorce rules and regulations in the U.S. and will generate a fully personalized document that complies with your state laws.
Complete the following steps to create your marital settlement agreement:
- Sign up for DoNotPay
- Select the Divorce Settlement Agreement tool
- Answer a few questions about your divorce and indicate whether you need a notary
We will create your document within a few minutes and help you get it notarized without leaving your home!
If the topic of divorce still confuses you, DoNotPay has a comprehensive knowledge base you can use to clear the confusion. We can answer all of the following questions and more:
- What is a divorce from bed and board in NJ?
- How can I get a divorce without going to court?
- How much will a divorce cost me?
- What is spousal support in divorce?
- Can I get divorced without hiring a lawyer?
- What are my rights in a divorce?
- What should I do when my wife says she doesn’t love me anymore and wants a divorce?
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