Divorce is often a painful process, and couples can make it harder by fighting with one another. Those who can’t agree on custody matters or property division issues may need to ask a judge to help resolve their disputes.
Litigated divorces can lead to intense emotions as people place their futures in the hands of a family law judge instead of keeping them within their own. As a result, many New Jersey couples choose to go through divorce mediation instead of litigating their disputes. Although every spouse who suggests mediation will have their own motivation for doing so, there are certain common reasons frequently cited by those who opt to pursue a mediated divorce in New Jersey instead of presenting a case to a judge.
1. A lack of family court access
New Jersey is currently in a difficult situation where multiple counties do not have enough judges to handle all of the pending cases in the family and civil courts. In fact, multiple counties have had to suspend certain kinds of hearings, including litigated divorce matters, pending the appointment of new judges. Couples in affected counties that don’t want to wait indefinitely for divorce may decide to mediate and finalize an uncontested divorce.
2. A desire for privacy
The issues that couples discuss during divorce litigation become part of the public record, and there may be many witnesses present during court proceedings. Those who want to discuss matters like financial misconduct or infidelity may feel like they cannot do so because of the lack of privacy. Mediation is confidential, which means that couples can discuss deeply personal matters without those conversations becoming public knowledge.
3. A specific priority
If someone has a matter on which they cannot compromise, such as retaining sole ownership of a professional practice, mediation is likely the best means of obtaining those terms. Litigated divorces give people very little control over the outcome, but mediation lets people set their own terms.
Those who believe that mediation might be the best option for their family can discuss that idea with their lawyer. Learning more about the benefits of divorce mediation can help people to potentially see the genuine value of pursuing this alternative to litigated divorce.