Divorce Mediation Services In Monmouth County
Many mistakenly believe a divorce must always involve a drawn-out court battle. Divorce mediation is an alternative to court, helping reduce the time, cost and emotional strain of ending a marriage.
The Wernik & Salvatore lawyers have more than 50 years of combined experience in New Jersey family law, including mediation. Attorney David Salvatore is a qualified court-approved mediator and can help you avoid an all-out divorce war. We provide those in Monmouth County and the surrounding area with family-focused, compassionate representation.
How Long Is The Divorce Mediation Process In New Jersey?
The length of divorce mediation varies. It largely depends on the couple’s specific situation and how many issues they need to resolve. For some, mediation may be completed in just a few sessions, especially when both parties agree on their issues.
Simpler cases like those involving no children or minimal financial disagreements, tend to move faster. On the other hand, more complex situations—such as disputes over child custody, alimony or asset division can extend the process.
It is important to note that mediation is voluntary and non-binding. Either party can stop mediation if they feel it is unproductive or wish to resolve the matter in court.
How Does Divorce Mediation End?
Divorce mediation ends when the couple reaches an agreement on all disputed issues. Once this happens, the mediator drafts a Memorandum of Understanding (MOU). The MOU outlines the agreed-upon terms but is non-binding, serving as a foundation for the legal agreement.
After drafting the MOU, both parties review it with their respective attorneys. These attorneys will then draft a formal legal document called a Matrimonial Settlement Agreement (MSA), a binding agreement.
Once both parties sign the MSA, they proceed to court to finalize the divorce as an uncontested case. The court will then issue a Final Judgment of Divorce, officially ending the marriage.
What Issues Can Be Resolved Through Divorce Mediation?
Several issues can be resolved through meditation divorce, including but not limited to:
- Child custody: Mediation helps parents agree on custody arrangements. This satisfies both parties with where the children will live and how time is divided between them.
- Visitation: Parents can work together to create a fair and flexible visitation schedule, considering the children’s needs and both parents’ availability.
- Child or spousal support: Couples can negotiate financial support for children and spouses, helping ensure fair payments.
- Separation of property: Mediation helps divide marital assets and debts, allowing couples to reach a mutually agreeable solution for handling their property and financial obligations.
Through mediation, these issues can be resolved in a cooperative, low-conflict manner tailored to the family’s unique needs.
Benefits Of Divorce Mediation
Opting for divorce mediation comes with various advantages:
- More affordable: Mediation typically costs less than a traditional court battle.
- Less stress: The mediation process is less adversarial, minimizing the emotional toll on you, your spouse and any children involved.
- Beneficial outcomes: Mediation fosters a collaborative environment that empowers spouses to create a divorce agreement that meets everyone’s needs.
Mediation can also give you more control over the outcome than a traditional divorce, helping ensure the final agreement aligns with your family’s unique circumstances.
When Is Divorce Mediation Not Recommended?
While mediation offers many benefits, it is not always the right solution. Consider the following situations where mediation might not be advisable:
- Cases involving domestic violence: If there has been a history of abuse, mediation may be unsafe and unfair for the victim.
- Unwillingness to be open and transparent: The process relies on honesty and cooperation; without these, conflict can result in negotiation challenges.
- Complex financial situations: If your financial situation is extremely complicated, mediation might not provide the detailed analysis required for a fair settlement.
In such cases, pursuing a more traditional divorce may be necessary to help ensure all financial matters are thoroughly examined and equitably resolved. We can help regardless of the divorce method you choose.
Speak To A Monmouth County Divorce Mediator Today
If you are considering mediation in Monmouth County, the attorneys at Wernik & Salvatore can help you navigate the process effectively while safeguarding your rights. You can trust in our experience and compassion to help you through this challenging time. Call us at 732-201-3888 or contact us online to explore your options.