Divorce can feel like a scorched-earth battleground, but there may be a way to head off all-out war and end your marriage under more peaceful terms. Mediation, with experienced guidance, could keep you out of the courtroom while facilitating a better post-divorce relationship.
Unfortunately, divorce mediation is misunderstood by many couples, causing them to miss out on the potential personal and economic advantages. Below, we will answer some of the most common questions about family law mediation to help ensure you are well-informed about your divorce options. Mediation can allow you to resolve matters like child support or custody, property division and alimony in an informal setting..
Is it mandatory?
Mediation is usually voluntary in New Jersey. However, a court may order those seeking a contested divorce to undergo economic mediation if they continue to have trouble resolving their issues.
What if you fail to resolve everything?
Many spouses reject mediation because they fear it will fail and have all been for nothing. There is no legal mandate to resolve every divorce issue once you enter mediation. Even if you only settle your marital property or child-related matters and go to court for what remains unresolved, you still benefit from reduced stress, expenses and time.
Who decides the terms of a mediated divorce?
You and your spouse do — not the mediator. They are merely there to guide you through the process, facilitate communication and help you and your spouse stay focused. Still, the court must approve the divorce terms you reach through mediation. A good mediator typically helps to ensure that your final agreement passes muster with the court.
When choosing how to end your marriage, having experienced legal guidance can help you review your options and protect your rights, regardless of the divorce method you select.