Our Divorce Mediation Blog

A divorce mediator can help at any point

3/31/2017

No matter where you are in the divorce process you can use divorce mediation. Many people choose to use a mediator first, before getting any lawyers involved. And when the couple is done with mediation, each seeks counsel from his/her attorney and has the attorney file the paperwork in court and process all the documents. Some people meet with an attorney before starting mediation and periodically refer to the attorney throughout using mediation services. And others choose to return to mediation after they thought they were done. You may have thought that you agreed on everything but then when the agreement gets tweaked after consulting with your attorney, the tweaks are not quite right for both of you and you need to meet again with the mediator to get it just so.

It does not matter to the divorce mediator. At Westfield Mediation, LLC, we are able to jump in and work with you regardless of your current status. We also do post-divorce mediation. Sometimes, years after you have been divorced your situation changes (relocation, schedule change, kids needs change, etc.) and you may need to rework your parenting plan which can affect your child support calculation. We can help you develop a new and improved parenting plan and child support calculation that works for your current situation.

So even if you are knee-deep in your divorce litigation, you can always choose to try mediation. You can change direction and start to mediate at any time, regardless of what you have already done to this point in your divorce. You may find that you are able to resolve disagreements much faster and more amicably by having face to face discussions guided by a neutral third party.

For more information about Divorce Mediation contact Randi M. Albert, JD, or Michelle Weinberg, LMFT, at Westfield Mediation, LLC, at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com

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If WE agree on Everything, Why do Mediation?

3/17/2017

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What does the divorce mediator add to the mix?

At Westfield Mediation, LLC, I often get questions from divorcing couples asking me whether they need to bother with divorce mediation if they already agree on most major issues. In these conversations, I explain that the divorce process has several steps, and the agreement that you create is going to have a significant impact on your financial and emotional relationship into the future, so it is important to do it right.

A good divorce mediator adds value to the process and makes it easier, less stressful and more manageable. Sometimes that comes just from a having a third party in the room to defuse any tension. Moreover, for the nuts and bolts of the agreement, the divorce mediator brings knowledge and experience to the process.

First, the divorce mediator asks questions that you may not have considered. For example, maybe you came up with a parenting plan, but is it complete and does it cover all the important issues? In addition, your plan may work for now, but is it comprehensive and flexible enough to take you through the years? Similarly, is your financial plan workable? Does it fairly consider the value of retirement assets as compared to more liquid assets like bank accounts? Do you have a reasonable plan for the house?

Secondly, are you sure you both agree on all issues and that you know what you are legally entitled to? Sometimes, divorcing couples agree in the abstract, but divorce mediation helps hammer out the details.

Finally, even if you agree on a plan, are you confident that you can write up an agreement that accurately reflects your plan? Whatever you file with the court is the enforceable agreement, so it is critically important that it is correct.

So, yes, there are good reasons to go to divorce mediation, and even agreeable divorcing couples can benefit from the process.

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

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Tax time and divorce

3/3/2017

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Like most people, I give my taxes passing thoughts here and there during tax season. Yesterday was one of those days because I was working on my business tax return. However, in my work as a divorce mediator I ask every client I see about their taxes, no matter the time of year.

Taxes are just one of the many important financial areas you have to consider when creating a divorce agreement. The issue of taxes pops up all over the agreement. Spousal support (alimony) is taxable to the person receiving the payment and tax deductible to the person paying it. Who is claiming the children as dependents on his/her tax return once you are divorced and filing separately? Are you selling your house together as a married couple or afterwards as a divorced single person? There are greater tax savings as a couple. What happens if 2 years from now, when you are divorced, you get audited for the tax year from 5 years ago when you were still married? Who pays for what? You can divide a retirement account without any penalties or tax burden when divorcing.

At Westfield Mediation, LLC, we suggest to every client that each party reviews his/her divorce agreement with a tax professional before signing off on the final agreement. You don’t want to agree to a certain division of assets and then have to pay a tax 8 years from now that you did not know was associated with assuming that asset. A tax professional is up-to-date on the latest tax law changes and can best advise you on the most cost-efficient answers to the many tax questions. Westfield Mediation, LLC, has a list of divorce knowledgeable tax professionals in the area if you do not have a personal accountant to help you with this vital piece of the divorce puzzle. When you are getting a divorce the issues of taxes comes up any time of the year, not just at tax time.

For more information about divorce mediation contact Randi M. Albert, JD, or Michelle Weinberg, LMFT, at Westfield Mediation, LLC, at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

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A divorce mediator can help at any point

If WE agree on Everything, Why do Mediation?

Tax time and divorce

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