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Divorce happens in civil court

5/26/2017

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Many couples do not realized when they start divorce mediation that only one person can file the paperwork to start the court process.  The court considers divorce to be a civil case where one person is suing the other and there is a plaintiff and a defendant.  So in order for the state of New Jersey to know that you want to get divorced, one person within the couple has to be the complainant and start the proceedings by filing the initial paperwork.  The other member of the couple is served the paperwork and identified within the court system as the defendant, even if you are in 100% agreement about everything.

With the initial paperwork, you have to decide the grounds for divorce. New Jersey is a no-fault state when it comes to divorce.  That means that the reason you are getting divorced does not have an impact on the outcome of the divorce.  For example, you do not have to pay more in alimony because you had an affair. And you do not get more alimony because your spouse had an affair. However, when you get divorced you do have to give a reason to the courts why you want to get divorced. 


There are two no-fault reasons in New Jersey- irreconcilable differences for at least six months and physically separated in different residences with no sexual relations with one another for a minimum of 18 months. Almost all our clients at
Westfield Mediation, LLC, pick irreconcilable differences as their grounds for divorce, even if they can prove one of the fault reasons (adultery, mental or physical cruelty, drug habituation, etc.).  Most people choose irreconcilable differences because it is the path of least resistance.  If you pick a fault reason in a divorce then you must supply additional evidence to support your claim.  You can’t go around and accuse someone of having affairs or abusing drugs and tarnish a good reputation because you are mad at your spouse for wanting a divorce.  There must be supporting proof. And since New Jersey is a no-fault state many people don’t want to bother going through the extra steps it takes for a fault divorce versus a no-fault divorce.  Of course, you always have that option. 

​For more information about Divorce Mediation 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
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When to Start Mediation?

5/12/2017

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When is the best time to start divorce mediation? Do you need to know what you want to do or is it okay to still have questions about how it will all play out? What if you have already started litigation – can you still try divorce mediation?

Divorce mediation is a more economical, less stressful approach to working out the issues of divorce. It makes sense to try it regardless of where you are in your path to separation.

At Westfield Mediation, LLC, we help clients at all stages of the process. At one end of the spectrum are couples who have just started thinking about divorce, and they want more information on the process.  In these situations, we explain the options for parenting plans and living separately. We help the couple divide their assets and debts, and come up with an agreement that makes emotional and financial sense.  Sometimes, divorcing couples stop and start mediation, as they figure out how they want to move forward.  Together, we create a plan that works for their particular family.

In other cases, divorcing couples have been living separately for a number of months or years, and they want to put their arrangement in writing and make it official.  In these cases, divorce mediation is also helpful, because there are often loose ends that need to be tied up – sometimes issues that the couple has not yet considered. For example, they may have created a day-to-day parenting plan, but have they considered what to do about college? Or life insurance? Similarly, one partner may have moved out, but have they decided what to do about the house? If and when they should sell it? How they should share the proceeds? These are the kinds of questions that we review in divorce mediation.

Sometimes, one or both spouses has already consulted an attorney or even filed for divorce. It is still possible to get the benefits of divorce mediation -- a faster, less expensive, less contentious divorce. We often meet with clients who have stated litigating and realize that they want a different approach.

Divorce mediation can be a good alternative at any time in the process – whether you have just started considering divorce, or have already been to court.

​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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    Authors

    Michelle Weinberg, M.Ed.,LMFT, is a Licensed Marriage and Family Therapist with many years of experience working with couples.

    Randi M. Albert, JD, is an attorney with experience in family law and public service.

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