The New Jersey family court system notoriously has a backlog of divorce cases. This is one reason why it may be easier for your and your spouse’s sake, along with the court’s sake, to use an alternative method than litigation to settle your divorce. That is, the court may even go as far as ordering you and your spouse to mediation before even scheduling a date and time for your court hearing. With that being said, read on to discover whether a New Jersey family court will mandate your and your spouse’s attendance of mediation sessions and how one of the seasoned Somerset divorce mediators at the Law Offices of Kisha M. Hebbon, LLC can be of service at this time.
The short answer is, yes, the New Jersey family court may order you and your spouse to attend mandatory mediation sessions before even looking into your case. More specifically, the court may order one or both of its mandated mediation programs, which are namely for custody/parenting time issues and economic issues.
With court-mandated mediation for custody and parenting time issues, a New Jersey court-appointed mediator is meant to assist you and your spouse in reaching a mutual agreement with your child’s best interest in mind. This offers you and your spouse a safe space to share your positions on matters concerning your child, all while promoting an amicable, co-parenting relationship down the line.
As for court-mandated mediation for economic issues, a mediator may facilitate conversations surrounding the division of assets and debts, a spousal support agreement, and a child support agreement. Here, your mediator may even participate in these discussions and offer their experienced advice if your and your spouse’s financial issues are considerably complex.
The ultimate goal of mediation is to have you and your spouse agree upon and sign off on a proposed marital settlement agreement. You may then submit this agreement to the New Jersey family court for approval, in which your divorce may be officially finalized.
You must take these mandated mediation sessions seriously. This is because missing one or more sessions may lead your spouse to go to court and say you cannot reach a compromise. And with the litigation that inevitably follows, you may not receive divorce orders as favorable as those you would have been able to negotiate for in mediation. What’s more, you may be billed for your spouse’s legal costs, now having extended the divorce proceedings.
Understandably, there may be valid reasons why you do not want to participate in these mediation sessions. For example, you may think your spouse is dangerous to be around (i.e., they have a history of domestic violence). Defenses like this must be brought to the court’s attention immediately.
Do not wait. Pick up the phone and retain the services of one of the Somerset County family lawyers at the Law Offices of Kisha M. Hebbon, LLC today. We look forward to working with you and on your case.
