Westfield Mediation, LLC - Our Divorce Mediation Blog

Parenting and Non-disparagement clauses

5/29/2020

Can you limit what your ex-spouse says about you to your kids? Yes and no.

When crafting a parenting plan in divorce mediation, we generally include a clause stating that neither parent can say negative things about the other in front of the children. These provisions are called non-disparagement clauses and their purpose is to protect the kids from being exposed to and upset by their parents’ anger. The Courts require that child custody arrangements must be in the best interest of the children; and studies have shown that living in conflict has a negative effect on kids.

At Westfield Mediation, LLC, most clients agree to this clause; and the Courts have held that voluntary-agreed-to provisions like this can be enforceable. Still, clients cannot be too restrictive in the kinds of limits that they put on their ex-spouse’s ability to speak about them. For example, the Courts have found that strict rules that prevent parents from posting specific statements on social media about their ex-spouse may not be enforceable. Such prior restraints on speech are not allowed under the Constitution’s First Amendment protections.

In divorce mediation, we work with divorcing parents to create a parenting plan that works for them and keeps the kids’ interests in mind. By including voluntary non-disparagement clauses in our agreements, we remind parents that part of their role as parents is modeling good, civil behavior for their kids and minimizing their exposure to anger and conflict.

For more information about parenting plans and divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

DIVORCE, CORONAVIRUS AND CHILDREN'S MENTAL HEALTH

5/15/2020

In New Jersey, schools will remain virtual until the end of the year due to the coronavirus. Many end-of-the-year traditions (graduation ceremonies, dances/proms) have been cancelled. Your kids may be fed up with the monotony of seeing teachers, school mates and friends on screens and not in real life. Your child/children may be down in the dumps, anxious about the unknown future and a little lonely. These feelings are not unexpected under these unprecedented circumstances.

It is vital that you discuss your child’s mental well-being with your co-parent. Is s/he acting the same way in both houses? Or has the parenting plan been disrupted and your child is spending more time/less time with one parent than the other? How is s/he coping? Has s/he talked to either parent about these feelings?

It seems true that we are all in this together. And it will be easier for your children to make it through these times with your parental support. Arguing with your co-parent, before, during or after the divorce, is not the way to go. Now is the time to be even more flexible, communicative and understanding with your co-parent, regardless of the status of your divorce. Not an easy task. If needed, you can make an appointment with a divorce mediator at Westfield Mediation, LLC, to help resolve any issues that are arising because of your divorce and current circumstances. Having a third-party neutral present can help move the conversation from impasse to resolution. And your children need you to do this, for their sake. The kids have enough to deal with.

For more information on divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

Why now may be a good time for divorce mediation

5/1/2020

Many couples who were considering divorce before the Coronavirus hit, are currently wondering whether they should move ahead now with divorce mediation or wait until life gets back to normal.

At Westfield Mediation, LLC, we tell our divorce mediation clients that we recognize that this is a difficult time for everyone. Yet, while we are all dealing with the stress and uncertainty of the quarantine/lockdown, there are some real benefits to working on your divorce agreement now.

First of all, we don’t know when the economy is going to pick up again, so waiting for the perfect time to move forward – the time when your home has more value, or you have better job security, or your retirement assets bounce back -- may mean waiting for a long time in an unhappy family situation. Instead of feeling stuck, you can use this time productively to create a parenting and financial plan. If the issues of your marriage are weighing on you, taking action may make you feel more in control of your life and less stressed all around. Moreover, if you decide to start creating a future plan -- there is no rush to finalize anything yet. The courts are open, but in a limited way right now, so the process can move ahead but may take a little longer. Having a plan in mind and on paper, will allow you to move quickly when you decide it’s the right time. Finally, because the pandemic has changed everyone’s schedule, and many of us are working from home, people can more easily plan their appointments.

The hardships we are living through with the Coronavirus and the quarantine can feel overwhelming. Still, for many families, there are real practical and emotional benefits to moving ahead now with divorce mediation.

For more information about divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

CO-PARENTING DURING THE CORONAVIRUS CRISIS

4/17/2020

The COVID-19 coronavirus crisis continues. Everyone is living their lives differently from the way they were five weeks ago. And that may mean some temporary changes to your parenting plan. The key word in that sentence is temporary. It may be that you and your soon-to-be or already ex-spouse need to develop a for-now plan to co-parent during this unprecedented time.

The mediators at Westfield Mediation, LLC, are available for virtual meetings to help you and your co-parent create a temporary parenting plan that is in the best interest of your children during this pandemic. You may need a mediator to help you adjust your established parenting plan, develop ways to have frequent contact (may be virtual contact) with both parents, or create a schedule for make-up parenting time that one parent is now missing due to the virus.

Safety is a concern. Logistics can be a problem. Both co-parents want what is best for their kids, but may disagree what that looks like. Numbers changing daily and a barrage of information being shared everywhere can be overwhelming. You don’t need the stress of fighting with your co-parent too. A mediator can be the calm, neutral go-between to help you both reach a temporary resolution.

To learn more about divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

Dealing with Divorce in the Days of Coronavirus

4/3/2020

As divorce mediators, we have been seeing firsthand that the stresses of life as a divorcing or divorced couple have been made that much harder by the new guidelines for daily life in place during the Coronavirus pandemic.

Many couples who have decided to get divorced are currently confined to their homes together because of the pandemic, adding to heightened tension all around. Moreover, the family’s ability to move forward by either selling their home, renting or buying a new home, or changing jobs has become much more limited, at least in the short term. A lot of people are currently unemployed and dealing with enormous financial pressures.

Similarly, in post-divorce households, ex-spouses are also dealing with new potential obstacles. Following parenting plans has become more fraught, with increased concerns about the children’s health, education, and activities. In addition, neutral places to pick up kids when they change households – like schools and libraries - have been closed. Moreover, when issues or disputes arise, the courts are providing only limited services to parents seeking enforcement of parenting plans.

At Westfield Mediation, LLC, we are continuing to help our divorce mediation clients get through these trying times. With calm compassion, we guide our clients through the sometimes complicated separation process to make workable plans for their future. In our experience, we have found that looking forward and creating practical plans for the days and years ahead helps people cope with the uncertainty and difficulty of their current circumstances.

For more information about divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

HEALTH CARE DECISIONS AND DIVORCE

3/20/2020

In this time of the Coronavirus COVID-19 pandemic people who are getting divorced have an extra layer to consider. It is important to designate who has the power to make health care decisions for your children when getting divorced. There are actually two broad distinctions of custody in New Jersey- legal custody and physical custody. Legal custody involves major decisions regarding the children including, but not limited to, health care, education, selection of school, religious training, selection of child care providers, tutors, private lessons and extra-curricular activities. Physical custody involves where the children will be living and spending their time. Most people who use mediation have both joint legal and physical custody. You can have joint physical custody even if the kids spend more time with one parent than the other.

At Westfield Mediation, LLC, our mediators make a point of explaining these two types of custody and having it clarified in writing in the divorce agreement. So, parents must be in agreement about any medical treatment for their children. However, there is an exception as well. In the case of an emergency (like your kid fell out of a tree and broke her arm or you are concerned your child has the Coronavirus) a parent is able to seek immediate medical attention without permission from the other party. However, that parent must inform the other parent as soon as possible and provide all information about the nature of the emergency as well as the name, location, and phone number of the hospital providing the emergency care. Both parents need to be aware of any follow-up care. And if the child then needs supportive care (nebulizer, inhaler, etc.) both parents must keep whatever the child needs in their respective homes.

These are standard procedures our divorce mediators write into your divorce agreement. So, while the Coronavirus is wreaking havoc with the world right now, if needed you are prepared to seek medical treatment for your child without having to worry about getting permission from your co-parent first. Joint legal custody means both parents have to be in agreement, except in case of an emergency. I think everyone can agree that this Coronavirus pandemic feels like an emergency.

Be well.

For more information on divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

divorce and pets

3/6/2020

In many homes, pets – dogs, cats, lizards, rabbits -- are considered part of the family. So what happens to the pets if you get divorced?

In our divorce mediation agreements at Westfield Mediation, LLC, we always address how you are planning to care for the pets post-divorce. We consider what is in the best interest of the animals and the family. In addition to being an emotional issue, this is also a financial one, because pet care can be expensive. Also, some housing options do not allow for animals. So our divorce mediation agreements have to take feelings, finances and logistics into account.

For some families, the divorcing couples decide that the pets should follow the kids, so when the kids switch homes, the pets come along. Other families divide the pets over two households, with each adult responsible for their designated animal. In addition, some divorcing couples add in special instructions regarding the animals – for example, that the cats can’t be declawed, or that if one ex-spouse can’t care for the pet any longer, the other one gets first rights to the pet. By creating an agreement that address the needs of each specific family including the family pets, we help minimize the stress of the divorce process.

For more information about parenting plans and divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

DATE OF DIVIDING ASSETS AND DEBTS IN A DIVORCE

2/21/2020

You have a date the divorce is finalized, which is when you are granted your divorce by the judge at court. But there is a divorce process that precedes this date. One of the very important decisions you and your spouse will make during this divorce process is the date you will use to divide your assets and your debt. What is the value of the retirement accounts, credit card debt, investment accounts, etc. on this date? And how do you decide what date to use? If you have been separated for several years and you want to use the date you separated you will have to do some digging into your files to see what the amounts were in the accounts back when you split.

Another date decision that has to be made is when are you separating not just your big picture assets but your day to day finances. Who is paying what bills and what accounts are staying open or closed? Are you closing the joint checking account or is one person keeping it and removing the other’s name and access to this account? On what date is this happening? When do you no longer have access to the joint credit card? When are your getting separate car insurance and are no longer eligible for the multi-car discount?

At Westfield Mediation, LLC, we help couples come up with a realistic plan to address all of these issues. While it is up to the couple to execute the divorce plan (the mediator does not accompany you to the bank to close out the accounts), the mediator helps both of the parties develop a practical plan about dividing up the marital assets and debt and when to do this. When going through divorce mediation you have the flexibility to decide on a date that makes sense for your situation. Some couples have never thought about it before and choose the date that it is discussed in divorce mediation. More specific dates could be the date of separation, the date of filing the divorce complaint, the date the divorce is finalized or anything in between. One time a couple picked their anniversary so they could say they made it to twenty years before splitting everything up.

For more information on divorce and divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

Paying for College

2/7/2020

When divorcing clients come to mediation to work out a parenting plan, they are often surprised that the agreement for paying for their children’s expenses extends all the way through college.

In New Jersey, the courts have long viewed post high school education as a necessity for which parents are at least partially responsible. Therefore, it needs to be part of every divorcing couple’s parenting plan. As tempting as it may be, ignoring this issue now will not make the obligation to contribute to your kids’ education go away. In fact, if you do not address college as part of your divorce agreement, the court may later impose its own plan based on your children’s needs and goals and both parents’ resources.

As part of the divorce mediation process, at Westfield Mediation, LLC, we help divorcing couples come up with a plan for paying for college for their kids regardless of how old their kids are now. We talk about all the relevant factors -- costs, decision-making, college savings plans and applying for financial aid. Of course, it is hard to predict your children’s future educational needs and wants. Still, we have found that having a basic framework in place helps avoid big arguments and litigation expenses down the road.

For more information about parenting plans and divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

DIVORCE AND CREDIT REPORTS

1/24/2020

During the course of divorce mediation, it is helpful to run your credit report. This allows each party to see the amount of debt in real numbers that exists from the marriage. You don’t want just the credit score but the actual long report. Where is the debt coming from (student loans, credit card, mortgage)? Whose name is attached to which debt? Do you have old joint credit cards that you forgot about and should now close? All of this is important when sorting out the financial picture of the marriage. You are allowed to get one free credit report every 12 months. Here is the website: https://www.annualcreditreport.com/index.action

One of the goals of divorce mediation at Westfield Mediation, LLC, is to divide the marital assets and debts in a fair and equitable way in an amicable manner. This is a more straightforward process when you are dealing with actual numbers and not just estimates. It is helpful to know that there is this exact amount left on the car loan as of this date and not maybe there is $5,000 left. Some people are surprised, either in a good or bad way (maybe really $4,100 or maybe really $6,800), with how much they owe.

Another helpful reason to get a credit report is to protect yourself in the future. This means that if you disclose via the credit report to your spouse during mediation that there is a set amount left on the mortgage or on a credit card, your spouse cannot in the future take you back to court and accuse you of hiding money. For example, three years from now your spouse cannot return to court claiming s/he should have gotten more equity from the house because the mortgage was not as high as you claimed. The credit report, which is shared between the parties during mediation, shows exactly what was owed on the mortgage and the other party can’t claim that s/he didn’t know.

For more information on divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M.Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.