Avoiding court: Using mediation instead

On Behalf of | Feb 28, 2022 | Mediation |

If your marriage is not working out and you and your partner feel that you need to divorce, it does not necessarily mean that you will end up in court. It may be more straightforward and less costly if you go the mediation route instead. Some of the issues that you will need to discuss and decide upon are dividing up your marital property and having children, child custody, and the visitation schedule.

If you can go the mediation route, both spouses will need to agree to the decisions that are presented in the most harmonious way possible. Mediation is an effective approach for many divorcing couples, and it is important to understand exactly what mediation is and how it differs from a divorce in court.

The differences between mediation and a courtroom divorce

On the whole, mediation is generally much friendlier and much less expensive than a traditional divorce. Another difference is that if you use a mediator, the decisions may not be legally binding until you obtain a signed court order. If you get your divorce in court, the findings are legally binding. If you and your spouse can resolve some of your issues through mediation but you cannot agree on other matters and still end up in court, once you get to court, the process will still be more straightforward and less painful than if everything was decided in court.

A mediator does not work for one side or the other. They present the issues and encourage you and your spouse to come up with solutions on your own, with the help of your respective attorneys. The mediator does not make any independent decisions.

Valuable advice from a divorce lawyer

Consulting a New Jersey family law attorney may prove to be invaluable as you and your spouse are going through mediation. Divorce can be very emotional and it can make you feel vulnerable and sensitive. You can have a mediator or a lawyer, or they can be the same person. Most importantly, you have the legal support that you need for the best possible outcome for everyone.