Divorce is an intensely personal process that requires significant time, energy, and emotional investment. Indeed, part of the challenge is managing the external factors – how it can affect children and other family, and even how friends and acquaintances may react. While its not possible to control every variable, keeping important details about the process and the various elements of the divorce as private as possible may very well be one of the biggest considerations in deciding the path forward.
Not all divorce proceedings are the same, and in New Jersey, couples have a couple of different paths available. Of those, mediation provides a distinct opportunity to keep discussions and agreements out of the public eye and away from those whom the divorcing couple would not want to know. This, along with other advantages, make it something worth considering.
Privacy is key but not the only perk of using mediation
There are numerous reasons why a divorcing couple will want to limit the amount of information that enters the public record during the divorce process. When a court hearing is required to hash out a resolution, the information shared goes into that record for anyone to see – friends, family or even nosy onlookers. Mediation, on the other hand, significantly limits what goes into the public record. Almost all details are kept confidential during the process. This can include financial information, such as retirement funds and other investments, real estate, checking and savings accounts, business ownership and more. It can also cover family arrangements such as child custody, child support, visitation and spousal support.
In truth, there are very few reasons that subjects discussed in mediation may become public at a later date. This should provide additional comfort for those seeking to divorce outside the limelight.
In addition to privacy, mediation is often viewed favorably because it provides more flexibility to control the schedule and process. It also allows the parties themselves to come to a mutual agreement in lieu of a judicial edict that may not satisfy either person. Finally, it can be far more cost effective than the full court litigation process.
For those considering divorce or beginning the process, going through mediation may be the right choice for a number of reasons. For couples that seek privacy for whatever facet of the eventual agreement – financial, family or other – mediation can provide what an open court conflict cannot.