Divorce does not always have to be an ugly and public affair, even though it may have a notorious reputation for such. Rather, if you can honestly say that you and your soon-to-be former spouse still respect each other and have remained amicable, you may be good candidates for an alternative method to litigation, such as mediation. That is, mediation is a private, structured way to negotiate your divorce-related terms with the help of a neutral, third-party mediator. In this way, you may maintain control over decisions that will heavily influence your life post-divorce, not to mention save yourself from the stress and cost of extended courtroom proceedings. With all that being said, please continue reading to learn the issues that mediation is supposed to address and how an experienced Bergen County divorce attorney at McNerney & McAuliffe can help ensure you submit a valid settlement agreement to the family court.
Is the purpose of mediation to explore reconciliation?
You must not mistake mediation as a means to reconcile with your spouse. On rare occasions, a mediator may voluntarily facilitate discussions aimed at marital repair if they have reason to believe that a couple’s marriage can be feasibly saved, and the outcome may be a reconciliation agreement. More commonly, though, a mediator may focus their efforts on turning a potentially contentious divorce into an uncontested one and have the couple agree on terms to be included in a settlement agreement.
On that note, New Jersey does not impose a mandatory waiting period before filing for divorce with the court, but a judge may use their discretion to order counseling if they find a potential for reconciliation, especially if there are small children involved. That said, for a contested no-fault divorce based on irreconcilable differences, a couple may have to show that their marriage has been broken for at least six months. And for a contested fault-based divorce on separation grounds, a couple may have to prove they were separated for 18 months without reconciliation.
What issues is divorce mediation supposed to cover?
Nonetheless, if reconciliation is not your end goal, but rather you want to execute your divorce as painlessly as possible, you must prioritize key issues that must be unanimously agreed upon and added to your settlement agreement. Without further ado, your mediator may lead discussions on the following divorce-related terms:
- Child custody: an agreement on which parent the child primarily lives with, each parent’s decision-making power for the child, and a parenting time schedule.
- Child support: an agreement on which parent is the payor versus receiver of child support, along with which basic and extra expenses should be included.
- Alimony: an agreement on which spouse is the payor versus reciver of alimony, along with whether it will be temporary, rehabilitative, or long-term support.
- Property division: an agreement on which spouse retains ownership over certain marital assets and debts (i.e., homes, cars, bank accounts, credit cards, etc).
To conclude, please prioritize scheduling an initial consultation with a skilled Bergen County family law attorney from McNerney & McAuliffe. We would be honored to represent you in your legal case.