Initially, you may be opposed to attempting mediation with your soon-to-be former spouse. Emotions may still be running high after your tough decision to part ways, and you may believe it to be close to impossible to enter fair negotiations with them. However, when you file your Complaint for Divorce with the New Jersey family court, you may be surprised when they direct you to a mediator for your dispute resolution. With that being said, please follow along to find out whether a judge will order you and your spouse to attend mandatory mediation sessions and how a proficient Morristown uncontested divorce lawyer at Graves Andrews, LLC, can help you welcome this opportunity with open arms.
Are mediation sessions ever mandatory in the state of New Jersey?
Especially if you and your soon-to-be former spouse share small children and child custody, and parenting time are key divorce-related issues to handle in your case, the New Jersey family court may mandate mediation sessions. Of note, you may be required to attend this court-sponsored mediation before the court will even schedule your trial for these issues.
In addition, the court may require you and your spouse to go to Early Settlement Panels. These panels mostly cover financial discussions, namely alimony, child support, and property division. You may feel better knowing that even though you are expected to show up to these sessions, you are not expected to settle on anything you are not comfortable with.
Can I switch my litigated divorce to a mediated divorce at any time?
While you may have been hesitant and technically obligated to participate in mediation sessions, you may realize that they are going more smoothly than you initially anticipated in your mind. With this, you may regret not putting your emotions aside to resolve your divorce-related matters with your soon-to-be former spouse amicably.
And so, it may be great news to learn that you can transition your litigated divorce case to mediation at any point you want. This is regardless of whether your divorce is already being actively litigated before the New Jersey family court. All that needs to be done is for your attorney to kindly ask the court to pause these proceedings.
Do not worry, as choosing mediation does not mean you are stepping away from your legal representation. Rather, you may consult with your attorney in between sessions, or even ask for their presence if it is what makes you feel most comfortable. In the end, we may review your marital settlement agreement to ensure it is suitable enough to present to the family law judge.
If you want to ensure you have a strong legal strategy with a reliable team in your corner, please look no further than Graves Andrews, LLC. A talented Morristown family law attorney from our law firm is ready to be of any service to you.