Montclair Divorce Mediation Lawyer

Nutley Office
187 Washington Ave, Suite 2F
Nutley, NJ 07110

Montclair Office
28 Valley Road, Suite 1
Montclair, NJ 07042

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Divorce Mediation Attorney in Montclair, NJ

There’s nothing wrong with considering all options available to you when you decide to end your marriage. A contested divorce can result in expensive litigation, emotional turmoil, and a settlement that nobody is happy with. You may want to think about pursuing an alternative to litigation, such as mediation. Divorce mediation can be a calmer, rational, and cheaper way to resolve your divorce. A Montclair divorce mediation lawyer can help.

The legal team at Shore 2 Shore Mediation, LLC, recognizes how complicated a divorce mediation case can become. After all, there is no guarantee that mediation will resolve the conflict in your divorce. Still, if you have the opportunity to sit down with a Montclair divorce mediation attorney and work through the state’s divorce mediation laws to find a compromise, you should take it. Our team can bring over 20 years of focused experience to your case.

Common Mistakes to Avoid During Mediation

If you file for divorce in Montclair and want to pursue mediation, your case will be handled by the Superior Court of New Jersey, Essex County, in Newark. Mediation is generally a private affair, but it can be ordered by the court for certain disputed issues. Mediation is a common method of resolving a divorce in New Jersey. The state has a marriage rate of 49.3%, with a divorce rate of 2.2 per 1,000 individuals. Your case is not unusual. It can be resolved.

Mediation can often be a cheaper alternative to a drawn-out litigated court battle. Mediators are expected to adhere to a strict code of conduct that includes confidentiality, so you don’t have to worry about any personal information being exposed to the public. Still, it’s possible to make mistakes throughout the process. You should consider the possible mistakes and do what you can to avoid making them. Here are some of the most common mistakes to avoid during mediation:

• Failing To Prepare: The last thing you want to do is walk into that conference room and face your soon-to-be ex-spouse without any sort of plan in place. Always consider the possibility that they have a plan, and it involves trying to succeed while you fail. Gather all necessary financial documents, asset valuations, and any other relevant documentation. Your skilled lawyer can help you prepare for mediation.
• Getting Emotional: Divorce is often an emotionally draining process. It might be something you never thought you’d have to be a part of, especially if you’re not the one who filed. It’s understandable to feel apprehensive and even angry about this, but you can’t let those emotions control your judgment or overwhelm you. 

Don’t reject a fair settlement out of spite, don’t resort to insults or name-calling, and don’t derail the discussion.

• Rushing The Process: Mediation is not a process that needs to be completed as quickly as possible. It may take a great deal of time, including multiple sessions, to finalize your divorce settlement. There’s no need to rush. Rushing things may result in a settlement you’re not happy with. Even if you feel like you need to end this quickly so you can start healing, let the process unfold naturally and don’t rush it.
• Refusing To Compromise: Nothing good can come from an aggressive approach to your divorce settlement. At the same time, lying down and being passive will only give your ex the opportunity to walk all over you. You need to meet in the middle and advocate for yourself while refusing to be taken advantage of. This involves being open to making compromises when necessary.
• Not Hiring a Lawyer: Even if you go with a court-mandated mediator to oversee the discussion, you should still have independent legal counsel look over the final settlement agreement to make sure that you received everything you were promised. Once the settlement is signed, amending it can be difficult. Don’t sign anything until you’ve had a lawyer look at it.

FAQs

What Shouldn’t You Say During Mediation?

There are many things you should not say during mediation. Above all, don’t be insulting or profane. Try to treat this as a professional business transaction and leave emotions out of it. Don’t use any aggressive or accusatory language. This can only derail negotiations and cause the mediator to end the session. Focus on discussing the terms of the divorce only. Don’t make threats or issue any ultimatums, especially if there are children involved.

Is My Spouse Entitled to Half My Savings in a New Jersey Divorce?

No, your spouse is not automatically entitled to half of your savings in a New Jersey divorce. New Jersey is an equitable distribution state, not a community property state. This means that all marital assets, including bank accounts, will be divided as fairly as possible between both parties. This doesn’t mean an equal split. The court will consider each spouse’s contributions to the marriage and their current financial situation.

Who Speaks First in a New Jersey Divorce Mediation?

In a New Jersey divorce mediation, it’s generally the mediator who speaks first. They’ll make an opening statement, remind both parties why they’re here, and set the ground rules for the discussion to come. Once they’ve finished, it is generally the party who filed for divorce that will begin the conversation. The structure is fairly flexible, and there is no official law regarding who can speak first.

How Long Will Divorce Mediation Take in New Jersey?

There is no telling how long divorce mediation will take in New Jersey. Every divorce case is different, with each case having its own unique factors that may cause mediation to take longer than you’d expect. Most mediation cases take anywhere from two to four sessions over the course of several months, which is much faster than a standard litigated divorce. Complex cases can take longer. It depends on the details of the divorce.

Hire a Divorce Mediation Lawyer for Help

It’s highly recommended that you hire a divorce mediation lawyer for help in building your case, defending you, and making sure you don’t make any costly mistakes. At Shore 2 Shore Mediation, LLC, we can be there for you during mediation. Contact us to speak to a valued member of our team about how we can help.