The divorcing parties should be reasonably able to work through their issues, sitting down with each other. Remember, a friendly divorce does not mean you need to be friends. What it does mean is that the two spouses can commit to discussing their issues and working in an amicable and civil way towards positive solutions.
There are some cases where the couple might be better off in court if there is a history of domestic violence in the relationship, for example. One spouse may be intimidating the other or there may be patterns of abuse or control in the relationship. In these cases, having a judge hear the case in the structured court environment may be what is needed to arrive at a fair and just outcome.
For most divorcing couples, it can be helpful to sit down and think whether these methods can work for you.
Bari Zell Weinberger is the owner and managing partner of Weinberger Divorce & Family Law Group in New Jersey. She is certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney.