Divorce mediation is when spouses get together to decide on marital issues. This allows them to avoid entering into court proceedings to have a judge make decisions for them. Instead, spouses are encouraged to work together in mediation sessions to compromise on issues. When talking about marital issues, it is important to remain honest with one another. This can provide a more favorable outcome. The mediator is there to ease any worries. They can help keep an amicable environment during these sessions.
If you or your spouse are unable to cooperate, mediation may not be beneficial. Without the cooperation of both spouses, mediation may not be successful. During this process, you are able to end it at any time. If you believe you can get better results in court, you are able to end mediation and enter into litigation to have decisions made for you. If your spouse is not allowing you any compromises or favorable issues, you may not see mediation as beneficial.
Who makes decisions in court?
Judges will make decisions on marital issues in court for divorcing couples. They take many variables into account when making decisions for their cases. Each case can be different due to different factors in a marriage. Fault grounds are not usually taken into account when judges make their decisions. Instead, judges will consider other factors. When children are involved in these decisions, the judge will always decide with the child’s best interest in mind first. The child’s well-being is first and foremost. Judges try to maintain an open relationship with children and both their parents. They do not want to cut children off from either parent. However, if there are extreme circumstances, such as abuse, the judge may grant one parent sole custody. Otherwise, the parents will have to work together based on the custody arrangement that has been made. Child support is another issue that will taken into account the child’s needs. The judge will assess the lives surrounding the parents to make sure they can provide for the child and how much they can contribute. However, the child’s needs will always come first. Child support is needed to financially support the child to provide a standard level of care.
Marital issues can cause dramatic conversations and conflicting emotions. During this time, it is important to consult your attorney for the best advice on how to proceed.
Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a free consultation.