Terminating a marriage can be expensive, and many people wonder how they can save during the process. Resolving issues through mediation can lower the cost of your divorce, depending on the specific circumstances of the situation. Continue reading and work with a Union County divorce mediation attorney for more information today.
What is Mediation?
Mediation is a voluntary, or sometimes court-ordered, confidential process where a neutral third party, known as the mediator, facilitates communication and negotiation between two or more disputing parties. Unlike litigation, the mediator does not make decisions or offer legal advice; instead, they help the parties explore options, identify common ground, and reach a mutually acceptable agreement.
When it comes to a New Jersey divorce, mediation offers an alternative to court battles. The mediator guides both spouses through discussions on relevant issues such as asset and debt division, alimony, child custody and parenting time, and child support. The goal is to negotiate a comprehensive Marital Settlement Agreement (MSA). If successful, this agreement is then submitted to the court to be incorporated into the final Judgment of Divorce. This can often expedite the process and allow the parties to maintain control over the outcome.
Can Mediation Lower the Cost of My Divorce in NJ?
Yes, mediation is often significantly less expensive than traditional New Jersey divorce litigation, meaning it can lower your overall expenses. One of the primary causes of high divorce costs is attorney fees, which accumulate rapidly during discovery, filing motions, court appearances, and trial preparation. In a litigated divorce, you and your spouse are each paying your attorneys by the hour, often leading to tens of thousands of dollars in expenses.
Mediation simplifies this process dramatically. Instead of two high-cost attorneys negotiating contentiously, you typically pay a single, neutral mediator who often charges a lower hourly rate than litigators to work collaboratively with both parties. Mediation sessions are focused on resolution, not fighting. By reaching an agreement outside of court, you can also reduce or avoid costly procedures like depositions, expert witness fees, and extensive discovery demands. While you will still need an attorney to review the final Marital Settlement Agreement, the overall time your attorney spends on your case is reduced, leading to substantial savings.
Is Mediation Required in NJ?
While mediation is a highly recommended and cost-effective method, New Jersey does not require mediation for every divorce case. However, there are circumstances where it is mandated.
For disputes involving child custody and parenting time, the court generally requires parents to attend mandatory, non-binding custody mediation before they can proceed to trial on those issues. The court’s goal is to encourage parents to reach an agreement that is in the children’s best interests outside of a contentious court setting. Courts may also order mediation for other financial issues, such as alimony and equitable distribution, once the initial pleadings are filed, as an efficient path to resolution. Mediation is generally voluntary but can be required under certain circumstances.
