In certain states, mediation is a required step in the divorce process. Essentially, mediation may be a way couples can settle their disputes on certain divorce-related terms (i.e., property division, spousal support, child support, and child custody) before a judge has to intervene in litigated proceedings. Without further ado, continue reading to learn whether you and your spouse need to attend mandatory mediation sessions and how an experienced Bergen County divorce attorney at McNerney & McAuliffe can help you set this up.
Does New Jersey have mandatory mediation sessions for divorce?
Of note, New Jersey is one state that may mandate mediation sessions before litigated divorce proceedings commence. Specifically, the New Jersey family court may issue this order as soon as you or your spouse file the Petition for a Dissolution of Marriage. Also here, the court may appoint a mediator to lead the discussions on the outlined issues.
The ultimate goal is to resolve the outlined issues in a way that works in the best interest of you, your spouse, and your shared children. If this is accomplished, the court-appointed mediator may work on your behalf to draft a mediated settlement agreement. They may soon submit this agreement to the court for review and approval. Then, if approval is granted, you and your spouse may bypass litigated divorce proceedings altogether.
What are the benefits of these mandatory mediation sessions?
Initially, you may feel as though your mandatory mediation sessions are just prolonging your already extensive divorce proceedings. You may also feel as if you are being forced to communicate and negotiate with your spouse when this has historically been unsuccessful. However, there are many noteworthy reasons behind the New Jersey family court issuing this order. Just some of its benefits are as follows:
- These sessions may allow you and your spouse to save money on the notoriously expensive litigated divorce proceedings.
- These sessions may allow you and your spouse to save precious time that would have otherwise been wasted in the courtroom.
- These sessions may allow you and your spouse to build your communication skills, which may come in handy when co-parenting your shared children.
- These sessions may allow you and your spouse to show your shared children that you are capable of maintaining a healthy relationship built on respect.
Obviously, there may be certain underlying circumstances in which mediation sessions cannot and should not be mandated. For example, if your spouse has a history of domestic violence and you are uncomfortable with direct interactions with them. So, such circumstances must be disclosed to the court before it is too late.
The time to act is now. Please pick up the phone and call a skilled Bergen County family law attorney from McNerney & McAuliffe. We look forward to hearing from you.
