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Enforcing The Agreement

5/24/2019

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One of the many advantages of divorce mediation, is that the agreement is not binding until it is filed with the Court. As a result, we can continue to make changes to the arrangements if needed. Sometimes, at Westfield Mediation, LLC , we suggest that the divorcing couple start following the agreement as we make it to see how it works for them. For example, if they created a parenting schedule in mediation, they can try it out to see how it plays out in real life. On the financial side, mediation clients sometimes begin closing their joint accounts and start separating their finances. By living the agreement while working on it, they can fine-tune their plans as we go.

For some families, the fact that the agreement isn’t yet binding can sometimes lead to confusion. If one spouse does not follow the provisions that we arrived at during mediation, the other person has little recourse until the agreement documents are filed with the Court.  For example, if one parent does not pick up the children on his/her designated day or he/she drags his/her feet going to the bank to change the accounts, there is not much the other spouse can do until the Court signs off on the plan.

At that point, all the provisions are enforceable, and the ex-spouses can get the Court involved to make sure each party does what he/she agreed to do.  Luckily, if follow-through is a concern, the fact that couples can complete their agreement fairly quickly in divorce mediation enables them to get to a place in a short time where they can create and file an agreement that the Court will enforce.
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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.

 
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INFORMATION ABOUT DIVORCE

5/10/2019

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Knowledge is power.  So how can you gather information when getting a divorce?  Sometimes people turn to their friends, family or colleagues to discuss divorce.  This can be a little tricky.  There is often a lot of misinformation shared from these well intended people.  We often hear our clients mention that they heard that their cousin’s friend got XXX amount in alimony, their co-worker’s neighbor never gets to see the kids, or they run the child support calculator their neighbor used and panic.  You have to make sure when seeking information that it is coming first-hand from a knowledgeable source.  Also, each divorce has a unique set of circumstances, so your divorce is not going to be the same as your neighbor’s or cousin’s divorce. 

 A lot of people look online as a first step.  Maybe they want information about divorce but they don’t want to tell anyone just quite yet. There is some good information on the internet mixed in with some bad stuff as well. It is important to know your source.  A lot of our clients first call and then say that they don’t know where to start or what to ask now that they have us on the phone.  We reassure them that this is very common and give some basic information about the process of divorce mediation and how Westfield Mediation, LLC, can help them.  People tend to find this initial information helpful and use it to make the next steps, which may entail speaking to their spouse, scheduling an appointment, or just thinking more about their options. 

You can’t draw on past personal experience for answers because this is your first (and hopefully only) divorce.  So, you seek out information.  But sometimes searching for the answers in the wrong place can really just lead to more problems.  The professional mediators at Westfield Mediation, LLC, are available to help give you the real-deal information you need to make good choices.

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. 
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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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