New Jersey Gray Divorce Mediation Lawyer

Ending a marriage in Montclair, Nutley, Saddle Brook, or anywhere else in New Jersey can be difficult at any age. However, a gray divorce between older spouses can be especially challenging. If you are preparing for a late-in-life divorce, a skilled New Jersey gray divorce mediation lawyer can help you understand the benefits of pursuing alternative dispute resolution. This process could enable you to resolve the divorce more gracefully than litigation.

Experienced Legal Counsel for Gray Divorce Mediation in New Jersey

Shore to Shore Mediation has years of experience guiding New Jersey clients through the divorce process, and our mediation services offer a much easier path through what is often one of the most difficult experiences of a person’s life. Gray divorce can present numerous challenges, and attempting to resolve such a case in litigation can be incredibly stressful in various ways.

According to a recent study by Bowling Green State University, as of 2022, New Jersey’s divorce rate was 10.41 per 1,000 married women, placing the state in the bottom quartile of statewide divorce rates in the United States. Another recent study from Purdue University reports that gray divorce for couples over 65 has surged in recent years, hitting 15% in 2022.

The divorce process in New Jersey is more complex than many people realize, and it can be especially challenging for older couples. At this stage of life, financial issues such as retirement and pension benefits, medical insurance, Social Security, and estate planning become central to divorce discussions. Resolving these issues through mediation offers a much smoother path than what you might expect in divorce litigation, but you will need an attorney’s help.

Our firm provides compassionate mediation services for divorces throughout New Jersey, and we have focused experience handling gray divorce cases. We understand the challenges that older adults face when entering the dissolution process later in life, and we can help you make sense of your options and take full advantage of the benefits that alternative dispute resolution offers.

Understanding the Benefits of Divorce Mediation

Ending a marriage in New Jersey requires addressing various financial issues, such as spousal support/alimony, child support, and child custody if the divorcing couple has children, and property division under New Jersey’s equitable distribution law. When you litigate your divorce, the court has the final say on each of these items, and this can be an impersonal and ultimately disempowering experience.

Alternative dispute resolution, like mediation, offers several advantages. First, the process is generally faster and more cost-effective, saving both spouses time and money on a notoriously expensive process. Second, the process unfolds privately, so the issues you and your spouse negotiate in mediation do not become public record as they would in litigation. Third, mediation offers both spouses more control over the outcome of their divorce.

Mediation unfolds at the convenience of the parties involved. Each spouse and their respective attorneys meet privately with a neutral mediator tasked with helping the couple draft their divorce terms. The mediator does not provide any legal advice to either spouse. Their responsibilities include clarifying relevant statutes, keeping discussions focused and productive, and drafting the terms of the divorce agreement they will present to the family court.

Issues You Can Cover in Gray Divorce Mediation

During mediation, the divorcing spouses can address each element of the divorce one at a time to draft mutually acceptable divorce terms. For a gray divorce, these issues are mostly financial in nature. Most older adults do not have young children who would necessitate a child custody order. However, if the couple does have young children or guardianship over children under the age of 18, they will need to address this issue in their divorce.

When it comes to property division, New Jersey enforces the equitable distribution rule. This means that all marital property must be divided as fairly as possible, but it does not mean each spouse will receive exactly half of all their shared marital property. Each spouse’s respective income, separate property, and capacity to work must be evaluated.

For a gray divorce, property division will require addressing things like retirement accounts, Social Security benefits, and more. A skilled New Jersey gray divorce mediation lawyer will be an invaluable asset for resolving these complex financial issues and helping the couple reach a mutually acceptable resolution under the equitable distribution rule.

It is also possible for spousal support or alimony to be a contentious issue in a gray divorce. Spousal support is generally required when one spouse has been financially dependent on the other for an extended period of time and/or when one spouse will be unable to support themselves after divorce. The amount paid each month varies based on multiple factors, and the time that payments must continue usually depends on how long the marriage lasted.

Some gray divorces will require addressing prenuptial agreements. Prenuptial agreements are legally enforceable in New Jersey as long as those agreements were drafted correctly and voluntarily by both parties. Your New Jersey gray divorce mediation lawyer can explain what to expect if you and your spouse have any such agreement in place, and mediation will allow you to review the terms of the agreement in a private, low-stress environment.

Reasons to Consider Mediation for Gray Divorce in New Jersey

Do not assume that divorcing later in life means the process will be easier. In fact, the process is often more challenging due to the issues that many older Americans face when it comes to things like healthcare, retirement, and social programs they may need to maintain an acceptable quality of life.

If you are unsure whether you should explore mediation for gray divorce, consider the potential benefits this process offers over litigation:

• Mediation reduces the chance of high-stress conflict. The couple has the ability to negotiate in a comfortable and private atmosphere with a mediator trained to keep their negotiations productive. The process unfolds at a mutually acceptable pace, reducing the overall stress one would typically expect in divorce proceedings.
  
  
• Mediation is usually much more affordable than divorce litigation. Older Americans, especially those on fixed incomes, typically do not want to face expensive legal bills when they have decided to divorce. Because mediation takes less time to complete than litigation, it translates to lower attorneys’ fees for both spouses in most cases.
  
  
• Mediation is private. A gray divorce may require discussion of various medical issues and other personal details that one or both spouses may prefer to be kept out of the public record. All mediation sessions are entirely private. When you finalize your divorce in family court, the record of the divorce will be public, but the discussions you had during mediation will not.
  
  
• Mediation is efficient, requiring far less time to complete than litigation. Older divorcing spouses can minimize the time they need to dedicate to completing an inherently unpleasant process, which is especially valuable later in life.
  
  
• Mediating a gray divorce means more influence over the final outcome. You and your spouse can negotiate mutually acceptable divorce terms that may not be possible to reach in litigation when the court has the final say on every aspect of the case. It’s often possible to customize property division, spousal support, and other elements of a gray divorce with mediation.

Your New Jersey gray divorce mediation lawyer at Shore to Shore Mediation can identify the various issues you and your spouse will need to address, explain what to expect in mediation sessions, and provide valuable guidance as you work to achieve a mutually acceptable divorce resolution. Once you complete mediation, your mediator can present you with a drafted divorce proposal, which you can then present to the family court, streamlining the finalization of the divorce.

What to Expect From Your New Jersey Gray Divorce Mediation Lawyer

When you hire a gray divorce mediation lawyer, you have a skilled legal professional ready to help you resolve your divorce as efficiently as possible. Shore to Shore Mediation has more than 20 years of experience resolving difficult divorce cases throughout New Jersey, and our team can help you understand the benefits of pursuing mediation in your gray divorce.

Time is a crucial concern in any divorce. Completing the process will require gathering extensive financial documentation and records. For a gray divorce, you will need to be prepared to address issues such as your retirement accounts, pensions you may have earned through your years of work, and the property you and your spouse have acquired over what may have been many years of marriage.

Whatever the reason for your divorce may be, the reality is that this is a challenging process for everyone who experiences it. Having experienced legal representation on your side is a tremendous asset, and a skilled mediator can streamline divorce proceedings substantially, helping you get on with your life faster and with peace of mind. If you’re ready to learn more about mediation for gray divorce in New Jersey, we’re ready to help.

Contact Shore to Shore Mediation today to schedule your consultation with an experienced New Jersey gray divorce mediation lawyer. We look forward to helping with your case.