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How mediation protects your privacy in a New Jersey divorce

People going through a divorce often become so focused on the outcome that they forget about the practical consequences of a contentious divorce. Specifically, people willing to air their dirty laundry in court to secure a better asset division or child custody outcome may not realize that what they say could haunt them and their ex for years to come.

Mediation is a great tool for couples who hope to protect their privacy while divorcing. Instead of a protracted fight in court, the couple can resolve their issues behind closed doors and set terms for their divorce before they ever see a judge. Couples concerned about the public fallout from the end of their marriage may want to consider mediation for the privacy that it offers.

Anything you say in a divorce becomes public record

When you testify in divorce court about the circumstances of your marriage, whether it has to do with the way your spouse relates to the children or allegations of infidelity, that information becomes public. Not only can anyone in the courtroom hear what you have to say, but it is also taken down by the court stenographer and will soon become part of the public record.

Unless the judge seals the records from your divorce case for a specific reason, anyone from a potential employer to a political rival could obtain copies of your divorce hearing transcripts and read everything you and your spouse say about one another. No matter how emotional or upset you may feel, it is easy to see why that could be a negative situation for both of you.

The details of mediation typically remain private

Unlike court testimony, which becomes public record, mediation is private and confidential. Unless there is a court order or warrant for the records of your mediation session, no one will ever have access to those documents. What you stay in mediation will remain between you, your spouse, your attorneys and the third-party mediator.

Mediation offers infinitely more privacy to discuss personal issues that impact what you believe is fair in your divorce without humiliating yourself or your spouse. Whether you work in a high-profile job or want to shield your children from the potential exposure of the details of your marriage's end, mediation may be the right solution. Increased privacy and control are just two of the many benefits of using mediation for custody and other issues in your divorce.

The focus of mediation is compromise, so it can help you and your ex work through those unresolved issues. So long as you are both willing to work together, you may be able to keep your divorce out of the courts, which can make it faster, more affordable and much more private.

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  • Best Readers Choice Awards Of Essex | 2018
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Melissa Cipriano: Honored as a "Best of New Jersey Among our Most Distinguished Americans of Italian Descent" and conferred the "Stivale D'Italia Award of Excellence" by the Italian Tribune for her "honesty, integrity and dedication to fair and ethical business practices" and her "outstanding reputation as a Woman Whose Word is Her Bond".

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