Divorce Mediation Lawyers in New Jersey
If you are interested in going through the divorce mediation process, you likely have questions about what that process will look like. Divorce mediation centers around negotiation and a willingness to come together and agree on a divorce settlement. The first step in preparing for divorce mediation in New Jersey is to write down your goals. Next, write down a master list of all of your possessions and assets. Write down your possessions as well as your spouse’s possessions. Be sure to include when you or your spouse came to own the asset. Include all of the following assets on your list:
- Rental properties
- Vacation homes
- All types of bank accounts
- Credit cards
- Retirement accounts
- Life insurance policies
- Stocks and bonds
Once you have a thorough list of all of your assets, you can begin to decide which assets are your top priority. You should not worry about deciding all of your priorities before the initial meeting. However, having a general idea of your priorities and goals will help you as you approach the first mediation session.
How Does Divorce Mediation Lawyer Work in New Jersey?
Mediation is a form of alternative dispute resolution. In New Jersey, mediation is one of the methods used to resolve divorce cases while avoiding the expensive litigation process. You will not have to go to court after a successful mediation. In the mediation process, a neutral third party, typically a lawyer, meets with the divorcing spouses. The third-party helps the spouses find solutions to resolve their disputed issues without the need of going through the New Jersey court system.
Throughout the mediation divorce process, the mediator does not offer legal advice. The mediator also makes sure that both spouses address all of the important issues such as the division of assets, child support, child custody, and spousal support. Typically, mediators are experienced in New Jersey family law. One of the main goals in divorce mediation lawyer in New Jersey is to identify and divide all of the marital assets and any debts.
Divorce Mediation Preparation Checklist
If you are interested in going through the process of divorce mediation, here are a few divorce mediation NJ tips that can help you prepare for your mediation. The following mediation preparation checklist will help you prepare for your mediation process:
- Hire an experienced and competent New Jersey divorce mediator
- Become emotionally ready to make your own decisions in the divorce mediation
- Actively engage in the divorce mediation NJ process
- Be willing to compromise to find the middle ground with your soon-to-be-ex-spouse
- Take care of yourself physically, mentally, and emotionally during the process
- Gather a brief understanding of New Jersey’s divorce mediation process
- Keep your mediation process private between you and your soon-to-be ex-spouse
- Stay away from making any major purchases before the divorce agreement is settled
- Try to engage in good faith negotiations with your soon-to-be ex-spouse
Part of the divorce mediation New Jersey process is to gather important financial and legal documents. The more documentation you are able to provide to the mediator, the better. Try to gather the following information and documents before your first mediation session:
- Savings, checking, CD accounts, and money market accounts
- Tax returns for federal and state taxes
- Pay stubs
- Valuation for vehicles, boats, and trailers
- Valuation for business interests and partnerships
- Life insurance policies
- Any art, antiques, coin collections, and any other property with significant value
- Real estate loans
- Information about loans and debts
- Unsecured notes and accounts receiving credits
- Retirement accounts and pensions
- Executive compensation such as RSU and stock options
- Pension and retirement accounts
- Credit card statements
What to Expect During a Divorce Mediation
DIvorce mediation is a non-binding, informal process. During the process, an impartial third party helps both parties to resolve any lingering disputes. People in the business world have used the process of mediation for a long time to resolve labor disputes. The two sides both select a neutral third-party mediator. Divorce mediators will not make decisions on your behalf. Instead, mediators help you and your spouse come to an agreement that you are both happy with so you avoid divorce litigation.
How Much Does a Divorce Mediation lawyer Cost?
Many divorce mediation lawyers charge around $300 per hour. In most cases, the divorcing spouses split the cost of the divorce. Mediators will typically charge for all mediation sessions, document preparation, correspondence, and telephone calls. Mediation sessions typically last around an hour and a half. Some mediators offer fixed fees or a flat rate. Mediated divorces can cost anywhere from $15,000 to $25,000 or higher, depending on the complexity of the divorce process.
How Does Divorce Mediation Work?
Divorce mediation in New Jersey is all about settling your divorce on your own terms. Instead of waiting for a judge to decide your fate, you and your spouse work out any differences you have so you can resolve them in your final divorce settlement. The process of divorce mediation involves attending mediation sessions with your soon-to-be ex-spouse. A third-party mediator will help you navigate the following issues which can often become highly contentious in divorce litigation:
- Child custody issues and parenting time
- Distribution of assets and liabilities between the two divorcing spouses
- Child support and maintenance
- How to divide up retirement accounts
- Tax implications
What Happens When a Divorce Mediation Does Not Work?
What happens when you try to enter into a divorce mediation in New Jersey but you cannot come to an agreement? Sometimes even couples with the best intentions cannot come to an agreement during the mediation process. When divorce mediation does not work out, you may need to hire a divorce mediation lawyer to represent your interests. Eventually, divorce litigation in court may become necessary.
Divorce litigation lawyers are highly trained professionals who can help you throughout the process. During the divorce litigation process, both parties will present evidence in court and the judge will ultimately decide on the contentious issues. In some cases, the parties settle during litigation, before the judge ultimately decides.
How to Conduct a Divorce Mediation with a Narcissist
The process of divorce mediation NJ requires two people who are willing to work together to come to an agreement. When one of the spouses is a narcissist, mediation can be impossible. According to the American Psychiatric Association, narcissists typically have the following:
- A lack of empathy
- A pattern of exploiting other people to get what they want
- An inflated sense of self-importance
- A strong sense of entitlement
When one spouse is a narcissist, a mediator may not be able to help. The mediation process depends on both people being willing to come together for a common goal of agreeing on a divorce settlement. Both spouses need to want the mediation process to be successful. A narcissist’s arrogance and a strong sense of entitlement usually mean he or she will not even agree to the mediation process. Or he or she will agree to the mediation process but will attempt to derail and overtake the mediation process. A mediator can help you decide whether or not you should attempt the mediation process with a soon-to-be ex-spouse who is a narcissist.
Do I Need a Lawyer for a Divorce Mediation?
Let us say you and your spouse have been in the mediation process for your divorce for the last five months. You have come to an agreement on all of the important issues, such as dividing the assets, child custody, and spousal support. Do you still need an attorney to review your finalized divorce agreement? The answer is yes in most cases. While a neutral mediator can help you discuss your fears and concerns, and help you come to a peaceful agreement, a lawyer can make sure that your agreement is legally binding.
Your lawyer will understand New Jersey’s divorce laws. He or she can help you decide whether or not certain provisions of the agreement make sense for you. Perhaps a certain amount of child support, but the amount is too low when it comes to New Jersey law. Your lawyer will be able to tell you whether all aspects of the agreement are in accordance with New Jersey law. Also, a skilled lawyer will be able to tell you if you have left anything out of the agreement.
Our Skilled New Jersey Divorce Lawyers can Help
Hiring a divorce lawyer can help you tremendously during the divorce mediation process. Your divorce agreement is an incredibly important document. Hiring a consulting attorney to look over your agreement throughout the mediation process can be incredibly helpful. At Giro, LLP, Attorneys at Law, our lawyers have extensive experience representing clients in divorce proceedings. We fight hard to ensure that our clients’ rights are taken seriously throughout the mediation process. If it comes to it, we fight hard for clients in the courtroom during divorce litigation. Contact our New Jersey divorce law firm today to schedule your initial consultation.
Talk to a Knowledgeable Lawyer About Divorce Mediation Lawyers in New Jersey
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