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Why Choose a Mediated Divorce?

by Your Friendly Divorce

Divorce Mediation is a way of resolving marital conflicts without court involvement. Research proves that mediation in divorce produce better results, is less costly and creates less conflict post-divorce. Divorce Mediation creates a healthier post-divorce environment for husband and wife, and a healthier post-divorce life for children. Lastly, mediation results in lasting agreements following divorce. In mediated divorces, there are far fewer trips back to court to decide post-judgment issues.

For most couples, divorce mediation results in a property settlement agreement without the conflict and rancor in a conflicted divorce proceeding. Financial issues including child support, alimony, if applicable, and the division of property by way of equitable distribution are among the issues resolved in divorce mediation.

Divorce mediation is a true alternative to the divorce court system.In nearly all cases, the adversarial court system is not the best choice for resolving marital disputes. In most divorces that go to court, couples fight in court, and an agreement is hastily reached on the court house steps or after a trial has begun. By that time, valuable marital assets are wasted on lawyers, experts and discovery. The divorcing couple reach the court house steps only to settle a case that could have been settled much earlier, with a skilled mediator. An agreement that the parties could have reached thoughtfully with their children and long-term goals considered, is hastily drafted usually outside the courtroom.

Since roughly 99 percent of all divorce cases are settled, it makes more sense to reach a fair, equitable, and compassionate agreement outside of the courtroom through divorce mediation.

Divorce Agreements

In New Jersey, divorce agreements are called Property Settlement Agreements, and they are adopted by the Court at the final hearing when the parties are in agreement on the terms. Mediation Agreements can be used to create these property settlement agreements. These mediation agreements usually incorporate the following aspects:

Marital home: In some cases, the marital home is sold, and the assets divided among the spouses to permit equitable distribution of this marital asset, permitting each of the parties to find a new home. Alternatively, one spouse may retain the marital home, refinancing the home to permit minor children to remain in the home, or permitting the home to be sold at a later time when market conditions are more favorable.
Equitable Distribution: In New Jersey, property is divided by way of equitable distribution. Numerous factors are considered in making an equitable award, including contribution of each spouse. Assets included in equitable distribution include: pensions, savings, cash on hand, and debt.
Child Support: In New Jersey, child support is determined by considering the income earned by each spouse, and considering the parent the child will be residing with. Under New Jersey law, child support is determined in most cases in accordance with the child support guidelines, under either the shared parenting guidelines or the sole parenting guidelines.

New York

In New York, divorce agreements are called Stipulations of Settlement. The Stipulation of Settlement is adopted by the New York Supreme Court at the final hearing when the parties are in agreement on the terms. Mediation Agreements can be used to create these property settlement agreements. These mediation agreements usually incorporate the following aspects:

Marital home: In some cases, the marital home is sold, and the assets divided among the spouses to permit equitable distribution of this marital asset, permitting each of the parties to find a new home. Alternatively, one spouse may retain the marital home, refinancing the home to permit minor children to remain in the home, or permitting the home to be sold at a later time when market conditions are more favorable.
Equitable Distribution: In New York, property is equitably divided among the parties. Numerous factors are considered in making an equitable award.
Child Support: In New York, child support is determined by considering the income earned by each spouse.

AT YOURFRIENDLYDIVORCE.COM WE OFFER A FREE, CONFIDENTIAL CONSULTATION TO DETERMINE IF DIVORCE MEDIATION IS RIGHT FOR YOU. PLEASE FEEL FREE TO EMAIL OR TELEPHONE US AT 201-604-1922 TO OBTAIN AN INITIAL COST-FREE CONSULTATION WITH A MEDIATION-TRAINED ATTORNEY.

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