If you are about to start the process of ending your marriage, you may be feeling fairly conflicted about many different things. Depending on whether or not your divorce is going to be contested or uncontested, you may want to consider seeking mediation as an alternative to litigation. Litigation can easily get messy and expensive, while mediation can often be a cheaper option. First, you may want to ask: How much does divorce mediation cost in New Jersey?
Before you decide to pursue mediation, it’s recommended that you first hire a divorce mediation lawyer for help. A divorce mediation case can be difficult if you’re moving forward on your own, especially if you are unaware of the state’s divorce mediation laws. Having an experienced New Jersey divorce mediation attorney in your corner can make things considerably easier for you. Our firm can bring over 20 years of experience in mediation cases to your situation.
Helping You Find Common Ground, The Micklin Law Group
Divorce Mediation in New Jersey
Pursuing divorce mediation in New Jersey can have its pros and cons, and it’s important to understand the legally bound standards of conduct that divorce mediators have to adhere to during your session. Above all, they are bound by confidentiality. The details of your divorce mediation sessions cannot leave the room and become public record, so don’t be afraid to be completely honest during these sessions. Otherwise, it may be difficult to reach a settlement.
Your situation may not be as unique as you think. New Jersey has a divorce rate of 2.2 per 1,000 and a marriage rate of 49.3%. Divorces are common throughout the state, and mediation is a fairly standard practice of negotiating a settlement without having to go through the courts, which can be a painful and expensive process for everyone involved.
How Much Does Divorce Mediation Cost in New Jersey?
There is no reliable way to determine exactly how much your divorce mediation case is going to cost, as there are many different factors that need to be considered. Each divorce case is different, with every divorce having its own unique elements. Those elements still have to be considered in a mediation session. It’s vital to your case that you know what’s going to contribute to the overall cost of your mediation. Here are some of the more common factors:
- Conflict and compromise. The single biggest contributor to the cost is each spouse’s willingness to participate in the mediation process and their openness to compromise. If both parties enter each session ready to negotiate, it’s common for resolution and common ground to be found. However, if every single point becomes contentious, sessions multiply, and nothing gets resolved. Everyone goes home disappointed.
- Financial complexity. If your marriage has lasted a long time, it’s likely that you and your spouse have combined your lives in almost every way, particularly when it comes to finances. Disentangling those finances can be complicated. Generally, couples with no shared assets and separate retirement accounts have a cheap and quick time clearing mediation. Evaluating complex joint assets can increase the fees dramatically.
- Custody agreements. Generally, couples who’ve been married for over a decade may not have to worry about custody, as their children are likely grown adults. However, if they’re not, building a detailed parenting plan and deciding on custody can end up being the most contentious element of mediation. You also have to determine child support amounts, among other parenting details. It can increase the number of sessions.
FAQs
What Are the Advantages of Divorce Mediation?
There are many advantages of divorce mediation that you should consider when deciding on whether or not to pursue it. First of all, mediation can be significantly cheaper and faster than litigation. You have much more control over the final settlement, and the details of each session are kept strictly confidential, allowing for more privacy than a public courtroom. There’s generally a reduction in conflict, as both spouses are in a cooperative environment.
How Long Does Divorce Mediation Take?
The amount of time it takes for divorce mediation to reach a settlement depends entirely on each spouse’s willingness to compromise and negotiate. Some couples require only a handful of sessions to reach a settlement, while others may require many more. Generally, the simpler your divorce is to work out, the less time it takes. More complex cases can take up to a year to finalize.
What Is a Spouse Entitled to in a Divorce in New Jersey?
In New Jersey, each spouse is entitled to an equitable split of all marital assets as determined by a judge. New Jersey is an equitable distribution state, which means that each spouse receives a fair division of marital assets, and that doesn’t always mean an equal one. A lower-earning spouse may be entitled to alimony, depending on the length of the marriage and other factors. If applicable, the parent with custody of the children may be entitled to child support.
What Is the Role of the Mediator in a Divorce?
During the divorce mediation process, the mediator’s job is to act as a neutral party who facilitates productive communication. If the conversation starts steering away from settlement negotiations or turns bitter and personal, the mediator steers the conversation back to its primary focus. The mediator cannot make any binding decisions, take sides, or act as either spouse’s attorney. It’s recommended that you have a lawyer with you during this process.
We’ll Help You Move Forward With Strength
Be Sure to Hire a Divorce Mediation Lawyer
The ultimate goal of divorce mediation is to reach a settlement that both parties see as fair and balanced. If you choose litigation instead, you may not be happy with the settlement you receive, as the court has final say over how much each spouse receives. At Shore 2 Shore Mediation, we can help you work through the settlement process through mediation. Contact us to speak with a member of our legal team who can work with you and help protect your interests.
