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What if I want a divorce and my county is staying divorce cases?

On Behalf of | Oct 26, 2016 | Divorce

If you’re reading this, then you probably already know that Passaic County & Essex County have both placed stays on litigating divorce cases, and no one knows for sure who long it will be until these stays are lifted.

Unfortunately, just because courts are refusing to litigate divorce cases, it doesn’t do anything to make some marriages any better. While some couples may take this legal inconvenience as an opportunity to try to work out their differences, other couples know that divorce is the best thing for everyone.

The good news is that there are still options. If you need to continue moving forward with your divorce, then divorce mediation can help you work through the roadblocks to dissolving your marriage without the courts having to get involved in litigating it.

Divorce meditation keeps the court out of your divorce negotiations

One of the chief advantages of divorce mediation is that it allows both parties to come together on neutral ground and negotiate the terms of dissolving the marriage, with the guidance of mediation lawyers.

In this neutral environment, it is more feasible to reach fair and reasonable compromises, and generally keep the tone of the negotiations from devolving into a screaming match.

Furthermore, it allows you to pursue a divorce without being hamstrung by any stays being held by a court, because you are negotiating the elements of your divorce agreement apart from the court entirely.

Divorce mediation allows for a more dignified process

Mediation is an excellent tool for divorcing couples for many reasons, and one of the greatest is the way in which mediation keeps the negotiation from being necessarily adversarial. Obviously, there may still be tensions, but the point of mediation is to reach acceptable solutions that can be mutually agreed upon. This stands in sharp contrast to how a traditional divorce may reduce down to trying to convince a judge that one party or another deserves more in the property division.

The mediator is not a judge

Unlike a judge, who may be operating from a relatively standard “playbook” of solutions, the mediator works with each party to ensure that the solutions to each area of conflict are specifically crafted to suit the needs of the couple.

The mediator’s primary goal is to ensure that each party is treated fairly, and agrees that the compromises are fair, as opposed to a judge who may be less concerned with how each party feels about his or her judgment.

Also, a mediator cannot make legally binding decisions for either party, so each party can approach negotiations without fear of an unfair outcome.

Divorce mediation is also better for children

If there are children involved in the divorce, then it goes without saying that both of you want the best for your children, and no one knows this more than the divorce mediator. Divorce can be a very difficult thing for children to understand and process. Because of this, the opportunity for your children to see their parents working together to create a good life for them can lay the groundwork for better relationships for everyone.

Don’t let a stay on divorces keep you from moving on healthfully

A stay on divorces shouldn’t keep your family from doing what is best for everyone. With divorce mediation, your divorce agreement can be professionally negotiated so that it does not have to be litigated by a court. If you are ready to move on to the next season of life, the assistance of an experienced divorce mediation attorney can guide you through the necessary steps to negotiate your divorce now, instead of waiting for the legal system to catch up with you.


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