During times of divorce, spouses are faced with emotional distress along with the overwhelming process. When considering divorce, it is important to know your options. Since New Jersey is a no-fault state, this means that spouses do not have to claim a reason for their divorce by placing the blame on one party. Instead, the spouse can file for divorce by stating irreconcilable differences.
Mediation is a process where spouses meet with a neutral third party to agree upon important factors in a divorce. These issues can include child support, child custody, alimony and more. During these meetings, the conversation will focus on reaching resolutions for these issues. This will require the cooperation of both spouses. Due to the cooperation needed to go through this process, mediation may not be for everyone. However, spouses are able to have their attorneys present during these sessions.
Through mediation, spouses can avoid the courtroom. They will not have to go through litigation, which can take away a family’s privacy. Also, they will have more control in the situation. When couples go through mediation, they are able to make decisions for themselves. However, in court, a judge is responsible for making those decisions. This can lead to an unsettling outcome for the individuals. Litigation can also be a time-consuming process. Due to the time-consuming nature of court, couples may pay even more money in fees for attorneys. Mediation is done at the pace of the couple. They can take as long as they need. Due to this, couples may be able to save time and money through mediation as compared to taking the case to court.
Although New Jersey is a no-fault state, spouses are still allowed to cite fault when filing for divorce. These reasons may include adultery, abandonment, incarceration or physical and mental cruelty. When filing for divorce, it is important that the minimum residency requirement is met. This means that one or both spouses have lived in New Jersey for more than a year. With this requirement in place, it grants jurisdiction of the case to a certain court.
When divorces are contested, it is usually due to disagreements on certain factors in a marriage. This can include child support, child custody, alimony or the division of assets. If spouses decide to undergo meditation, but the process is not working for them, they have the opportunity to contest the divorce. This will bring the divorce case to court and allow for a judge to make decisions regarding the factors involved in a divorce. In court, it is important to have trustworthy representation to work with your best interests in mind.
Juan C. Velasco, Esq. is a trusted attorney who concentrates on bankruptcy, family law, real estate, and estate matters who has been serving the New Jersey area for over 25 years. If you are in need of experienced legal counsel, please contact Velasco Law Office and we will be happy to assist you.