What Can Be Resolved in a Divorce Mediation?
Resolving Divorce Issues
For many individuals going through the emotional and financial stresses involved in a divorce or other family law dispute, the thought of going to court and arguing personal issues in front of a judge can feel like a nightmare scenario. Thankfully, there are viable alternatives to litigation based divorce including mediation and arbitration. Mediation is a process through which disputing parties can come to an amicable and mutually beneficial resolution to even the most complex legal issues.
At The Law Offices of Jacobs Berger, our mediation attorneys understand that the mediation process is foreign to many people. Our firm has extensive experience acting as mediation attorneys and attorneys within the mediation process for clients in New Jersey towns including Morristown, Madison, Randolph, East Hanover, Florham Park, Dover, Denville, and the greater Morris County region. We take pride in offering dynamic and personalized legal solutions with the aim of laying a foundation for the future of our clients and their families.
If you believe the mediation process might be a good fit for your divorce or other legal needs, call our office today for a strategic planning session with a member of our qualified legal team.
Identify Financial Disputes During Mediation Proceedings
Amongst the issues which must be resolved during divorce proceedings are a litany of financial considerations. Contrary to popular belief that complex cases require litigation, our Madison divorce mediation attorneys have been successful in using mediation to settle even the most complex divorces, including those with high net-worth individuals, complex retirement asset divisions, and accrued debt.
Equitable Division of Assets – New Jersey is an equitable distribution state. For divorcing couples, this means that assets will be divided fairly, though not always equally. For example, the family home may be considered marital property and eligible for division between the divorcing couple. Mediators will examine how much equity has been put into the property by both spouses and determine the percentage to which each party is entitled.
Alimony – Spousal support is determined by pre-determined guidelines set forth by the state of New Jersey. However, there are many areas for interpretation including issues like the “standard of living” which was enjoyed during the marriage. Mediation attorneys will perform an analysis of your current situation and work with both parties with the goal of coming to an agreeable alimony agreement.
Prenuptial and Postnuptial Agreements – If you and your spouse have an existing prenuptial or postnuptial agreement, that will certainly be considered in the mediation process in much the same way they would be in the courts. In most cases, the terms of these agreements will be upheld, but in certain situations, the terms may either not be enforceable or other laws may take precedence.
Issues Involving Children Addressed During the Mediation Process
The other major concern of many individuals going through a divorce is what will happen with their children. Our Randolph family law mediation lawyers believe that when children are involved, mediation may be an even more attractive option. Not only will a qualified mediator be able to resolve your child custody and child support concerns, but the process will be less combative and easier on both parents and children.
Child Custody – where and with whom children will live depends on a litany of factors including the financial standing or parents, the ability of parents to care for a child’s special needs, and much more. It is also important to understand that child custody determines physical custody and legal custody separately. For example, even if one parent has sole or primary physical custody, it is common for both parents to share joint legal custody.
Child Support – To an even greater extent than alimony and spousal support, child support is calculated using a number of considerations such as a number of children involved, the existing child custody arrangement, finances of both parents, etc. For a high-level view of how this can work in your case, you can navigate to the New Jersey Child Support Quick Calculator Tool. A qualified mediator will use these guidelines, but will also consider the more nuanced circumstances of the family and offer a recommendation based on the best interests of the child.
Contact our Divorce Mediation Attorneys Today to Reach a Resolution While Saving Time and Mitigating Expenses
The divorce mediation attorneys of Jacobs Berger believe that mediation can be a great alternative for divorcing couples who prefer a cooperative approach to conflict resolution. Our firm takes pride in working with the unique needs and concerns of each one of our clients to create a situation where disputes are resolved amicably. As divorce mediators, we aim to provide a neutral platform for our clients across New Jersey towns and all of Morris County.
Contact us online or through our Morristown offices by calling (973) 447-3943 today for a strategic planning session regarding your divorce or other family law matter and the possibility of mediation as an alternative to litigation.