Mediation is often appreciated in divorce cases because of its collaborative and flexible nature. In some states, couples are required to attend mediation sessions to try to resolve their differences before their divorce case can proceed to court. Read on and work with an experienced Bergen County divorce mediation lawyer for legal advice and representation during your case.
What Issues Need to Be Addressed During a Divorce?
During a divorce, there is a plethora of issues that must be addressed. Terminating a marriage means divvying up almost everything in your life and figuring out what your new reality will look like.
Before your divorce can be finalized, you must determine how marital assets and debts will be split between the two of you, whether either of you will pay spousal support to the other and how much, how custody arrangements will work for any shared minor children, how much the noncustodial parent will pay in child support, etc. These decisions can be made either in a court by a judge or by the two spouses creating an agreement of their own.
What is Mediation?
Mediation is an ADR (alternative dispute resolution) technique often utilized in business practices, workplace disputes, legal issues, and family conflicts like divorce and child custody. In recent years mediation has become one of the most popular ways to hash out the details of a divorce.
During sessions, you and your spouse will meet with a mediator, a neutral and unbiased third party who is experienced in conflict resolution practices. You and your spouse can choose to bring your lawyers with you to these sessions or agree to forgo their presence.
The goal of this practice is to discuss all relevant issues of divorce and come to mutually beneficial agreements on each topic. Your mediator will help you express your desires and concerns for the outcome of the divorce and guide you through a discussion and negotiation for each topic.
If mediation is unsuccessful, the case can proceed to a judge who will evaluate the details of your relationship and make a final decision regarding all relevant issues.
Does New Jersey Require Mediation Before Divorce?
Many states, after seeing the benefits of mediation, are making one or two sessions a requirement before a divorce can go to trial. The answer to whether or not New Jersey is one of those states is complicated.
In a New Jersey divorce, mediation is not always a requirement before the case can go to trial. However, NJ courts do reserve the right to mandate sessions depending on the details of the situation.
Some couples may be required to attend a mediation session if they disagree on certain matters. Other times, couples may voluntarily request mediation in an attempt to resolve relevant issues in a quick, flexible, and less costly manner. New Jersey courts require mediation on a case-by-case basis so there is no one answer that is accurate for all divorces.
If you are considering mediation during your divorce and have questions or concerns regarding the process, contact Feitlin, Youngman, Karas & Gerson, LLC to speak with a skilled attorney and obtain professional advice.
