Divorce Mediation in New Jersey | What You Need to Know

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While many divorcing couples assume that their divorce will be a bitter court battle, this is not the truth. In many cases, spouses find that the best way to resolve their divorce is by hiring a divorce mediator. Mediation is a cost-effective alternative to litigation where a neutral third party can help facilitate conversation between a couple so they may reach a compromise. In New Jersey, divorce mediation allows couples to resolve custody, support, and property division with a neutral mediator while providing a legally binding document once approved by the judge. Continue reading and speak with our knowledgeable New Jersey divorce mediator to learn more about divorce mediation in Ocean County and how our mediator can help you.

What Is Divorce Mediation in New Jersey?

When a couple gets divorced in New Jersey, all too often they cannot agree on the terms of their divorce, such as child custody terms, who will get to keep the house, and more. This is known as a contested divorce. In litigation, the outcome of their divorce, such as alimony, child custody, property distribution, and more, will all be decided in a courtroom by a judge.

Divorce mediation is an alternative option in which both spouses can work with a neutral mediator to reach a mutually acceptable agreement without court involvement.

How Does Divorce Mediation Work?

A neutral mediator will guide the conversation between spouses
Both parties will identify the important issues for them, including custody, alimony, and property division
The mediator will help guide compromise, but cannot make decisions for the couple
All agreements are documented
A final agreement will be submitted to the court for approval
When approved, the agreement will become a part of the final divorce decree

What Are the Benefits of Divorce Mediation?

Essentially, a divorce mediator is an unbiased third party whom both you and your spouse appoint. When you enter a mediation session, the job of your divorce mediator is to facilitate conversation between you and your spouse outside of the courtroom setting to help you reach a middle ground.

Key Benefits

Generally less expensive than litigation due to fewer court appearances
Faster resolution time
Increased control over the outcome of divorces as opposed to leaving these matters to a judge
Reduced emotional conflict, which is especially important when children are involved
More private than court appearances, and mediation is confidential, while litigation becomes a public record
Greater flexibility in scheduling as opposed to a court-determined hearing

Emotional and Financial Advantages

Reduced tension and conflict
Avoids courtroom battles that can escalate tensions
Can help preserve a co-parenting relationship
Reduces financial strain for both parties that prolonged litigation can cause

What Documents Are Needed for Divorce Mediation?

If you and your spouse are considering mediation in Brick, Toms River, Lakehurst, or anywhere in Ocean County or the surrounding communities, it’s important to understand the steps you can take to prepare for mediation. Generally, this entails determining the matters that are most important to you and gathering the necessary documents. In order for mediation to be fair, both parties must disclose all finances and relevant legal information.

Required Document Checklist

Recent tax documents (typically the past 2-3 years)
Financial disclosure documents (required in all New Jersey divorces)
Bank and investment account statements
Credit card statements
Debt documentation
Monthly expenses
Retirement and insurance information
Any prior court filings or marital agreements

What Does the Mediation Process Look Like in Ocean County?

In Ocean County, including Brick, Lavallette, and Lakehurst, divorce mediation is commonly used as part of the New Jersey court’s approach to resolving family disputes. As such, local court may strongly suggest, if not require, mediation for matters related to parenting time and custody prior to litigation. Mediation generally follows a step-by-step process that moves from gathering information to signing an agreement. Understanding what happens during mediation can help you better prepare for this important process.

Step-by-Step Mediation Process

You will have an initial consultation with the mediator to determine the primary issues you wish to resolve
Parties exchange all financial and legal documents
Mediation can be held in separate or joint sessions
Disputed issues are identified and discussed
If an agreement is reached, a Memorandum of Understanding will be drafted
Once finalized, the MoU will be submitted to the court for implementation as part of the divorce decree

Is Mediation Right for Your Circumstances?

Though mediation can be incredibly beneficial, it’s important to understand that this process isn’t right for every couple. In Ocean County, in instances where there is a severe power imbalance or a history of domestic violence, mediation is generally not recommended.

When Mediation Works Best

Both spouses are willing to communicate and compromise
There is a mutual desire to avoid litigation
The couple wishes to preserve a civil co-parenting relationship
Both spouses want more control over the outcome
There is a mutual desire for confidentiality that litigation cannot provide

When Litigation May Be Necessary

One spouse refuses to disclose their finances
There is a history of domestic violence
Disputes are considerable and cannot be resolved through negotiations

Contact Our Experienced Ocean City Firm

Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.