Getting divorced is never easy. It becomes even more difficult if you have children and high-valued assets. To make things even more complicated, Passaic County and Essex County have both issued stays on divorce litigation. If you cannot get a judge to preside over your divorce proceedings, what other options are there? Mediation might be your only option as a resident of one of these two counties.
While divorces are traditionally carried out in the courtroom, many people have begun to use mediation to settle their divorces. In general, mediation tends to be less stressful for the children and may actually help repair some of the damage in your relationship with your spouse. Even though your case may never see the inside of a courtroom, you should still have an attorney present during the mediation process. At the very least, an experienced New Jersey attorney should review your divorce settlement before you sign.
What is mediation?
Mediation occurs when you involve an impartial third-party to help you settle a dispute. It is often used to settle business disagreements and is becoming ever more popular for divorcing couples. During the process, the facilitator will guide the discussion and help the two of you find a solution that you can both live with. The agreement you reach during mediation will be legally binding.
Why do couples choose mediation?
Due to constantly rising court costs, difficulties dealing with the legal system and the amount of time it takes to complete the process, mediation has become a viable option for people going through a divorce.
What are the pros of mediation?
Since you and your future ex-husband will have to work together to effectively parent your children, mediation can help you start on the road to productive communication. Furthermore, you will save money that you would have spent on drawn-out court proceedings. In addition, the emotional stress that comes hand-in-hand with divorce will be reduced.
Another benefit of mediation is that you and your spouse remain in control of making decisions. This means that you will not have to worry about how a judge is going to divide your assets or handle the custody of the children.
What is the process?
Once you have found an experienced family law mediator, he or she will discuss the rules with you. For example, one rule is that the meetings must remain confidential. This means that you cannot discuss your husband’s situation and he cannot discuss yours, unless there is express permission. After you agree to the rules, the mediator will allow you or your attorneys to make opening statements. Once this is done, it is time for discussions to begin. If things start to get heated, the mediator will separate the two of you for a time. Once you reach an agreement, both parties will sign the settlement and it will be legally binding.
Get legal advice today
If you are planning to divorce in Passaic County or Essex County, mediation may be your only option. While there is a stay in place, you will not be able to follow the traditional litigation route.
Source: Nov. 30, -0001