What should we expect from the mediator?
You can expect your mediator to remain neutral and guide you towards an agreement that both parties are comfortable with. Your mediator will listen to the concerns and goals of each party and help you remain focused on issues of concern. Mediation is a self-determined process so your mediator's goal is to help you form an agreement that is in the best interest of you and your children.
If we decide to mediate, do we still need attorneys?
Parties do not need attorneys in order to complete their divorce or the mediation process, however, parties may wish to consult with an independent review attorney to review the mediated agreement.
Will our mediator give us legal advice about our particular situation?
No. Your mediator will remain a neutral third party throughout the entire mediation process and at no time will your mediator give you legal advice. Even if your mediator is also an attorney, legal advice is never given. You are encouraged to consult with a review attorney for legal advice.
We have already consulted attorneys, is it too late to mediate?
No. It is never too late to try to mediate. Even if litigation has begun, just explain to your attorneys that you would like to take a break to try mediation. Everything that is said in mediation is confidential and cannot later be used if the case returns to litigation.
How long does divorce mediation take?
The length of mediation depends on the level of cooperation between parties and on the complexity of and number of issues to be decided on. On average, the length of mediation ranges between 3 and 5 Sessions, however it could be less if there are no children and it is not necessary to cover parent and child support issues.
What happens if one party refuses to participate?
Mediation is a voluntary process and can only continue with the participation of both parties.
What are the issues to be negotiated in divorce mediation?
Issues to be negotiated include the parenting plan, division of assets and liabilities, spousal support, and child support.
At what age is my child considered emancipated?
There is no set age at which emancipation occurs in the state of New Jersey. A child may be considered emancipated when he/she reaches age 19, completes secondary, college or post-graduate education, marries, or enters the armed forces.
What is legal custody?
Legal custody can be either joint legal, where both parents have a say over the major decisions impacting children such as health, safety, and education, or sole legal custody, where one parent has the authority to make major decisions for the children.
What is physical custody?
In primary residential custody, one parent has the child for the majority of the time. In shared residential custody, time spent with each parent may be divided equally.
What is a non-contested divorce?
In a non-contested divorce, neither party disputes the grounds or basis for the divorce or the support including alimony.
Is there such A thing as legal separation in the state of New Jersey?
Yes. the issues that are usually decided in a divorce can be decided between the parties who could be considered "divorced from bed and board" New Jersey’s version Of a Legal separation but who legally remain married.
What is equitable distribution?
Equitable distribution is the division of marital property between parties and takes into consideration the financial resources of each spouse, the assets brought into the marriage, the standard of living achieved during the marriage, marital debts and liabilities, the earning potential of each spouse, tax consequences to each spouse, the value of marital property, and any written agreement made between the spouses. Property may not necessarily be divided 50:50.
What is considered marital property?
Marital property is usually acquired during the marriage, excludes inheritance/gifts from a party other than spouse, usually does not include property acquired before the marriage, and may be subject to the conditions of a prenuptial agreement. An increase in value of separate property may be considered if the increase is due to direct or indirect contributions by the other spouse. It does not matter who holds title to an asset or property acquired during the marriage.
Frequently Asked Questions
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