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An alternative to traditional divorce proceedings

Jan 05 2016

We know divorce can be an unpleasant experience, and in some cases, it can be downright contentious. Divorce proceedings involve the equally splitting of assets as well as any property owned by the couple. Additionally, it can also carry with it the weight of child custody, as well as financial support.

Divorce, we know, can be an exhausting and emotional process for all involved. Heading into a court environment can be very intimidating, so therefore, we wanted to share some alternatives which can be explored in order to get these aforementioned items resolved in a civil manner. These can help achieve mutually agreed-upon specifics before the divorcing parties present in front of the court.

One of these alternatives is mediation. This avenue allows a neutral party to help the divorcing couple throughout the negotiating process in the equal divisiveness of assets, as well as ironing out any existing custody issues. The goal of mediation is always on settlement and resolution. The format allows for a less-formal procedure without the parties having to necessarily endure courtroom litigation and the stress is can carry. Though a mediator has no jurisdiction in enforcing a divorce settlement, they can serve as a catalyst for a more amiable dialogue. 

Additionally, a mediator has the ability to spend more time with the divorcing parties, where a judge does not - and can therefore address certain areas of conflict in which a judge cannot. Differences can also be hashed out more comprehensively.

Once a settlement is reached, the parties' representative attorneys (hopefully, our firm is one) use the settlement to draw up a Marital Settlement Agreement or a Property Settlement Agreement, which will then be presented to the court for official entry, in addition to the Judgement of Divorce.

In any case, we encourage you to contact our team - as experienced NJ Family Law attorneys - as we can assist any party in initiating the mediation process.