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Do I Really Need a Lawyer?

8/21/2015

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Do I really need a lawyer?  I often get asked this question by my clients in divorce mediation at Westfield Mediation, LLC.  The short answer is that legally you do not need a lawyer to get divorced.  You can fill out the paperwork yourself and be considered pro se and represent yourself in court. 

The long answer is that it is best practice to have a divorce mediator and a review attorney to get divorced.  This is the best of both worlds.  A divorce mediator is a neutral third party, meaning she does not take anyone’s side in a matter.  A mediator can facilitate the process so you and your spouse are making all the decisions about your divorce agreement.  A review attorney is a divorce attorney acting as a resource you can access as needed, rather than your sole support, during the divorce process.  A review attorney is your legal advocate and has your best interests in mind.  During the mediation process, sometimes issues of law come up and the mediator will refer you to your lawyer.  Your lawyer can inform you of the law and advise you how to proceed keeping your best interests in mind.  Then you are able to return to mediation with more knowledge about what you can/can’t/ should/shouldn’t do and can move forward in making an informed decision. 

You don’t want to look back on the decisions you made during your divorce with any regret.  The best way to assure that this does not happen is to use a mediator and keep control over the process, along with the support of the review attorney you can tap into when you need him/her.  Also, the review attorney can complete all the paperwork for you and accompany you to court.  This is very reassuring to many clients. 

The cost of both parties using one divorce mediator and two separate review attorneys is still significantly less expensive than both parties retaining two divorce attorneys.  So you can have the best of both worlds for less money. 

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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The Elements of divorce mediation

8/7/2015

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While divorce mediation is a good solution to the problem of an unhappy marriage, the divorce mediator cannot do it all alone.  In divorce mediation, a neutral mediator helps the divorcing couple come to agreement on issues of parenting, alimony and division of assets. To do this properly, the couple often needs to consult outside sources to help gather all of the information they need to create an equitable plan for the future.

At Westfield Mediation, LLC, we tell our clients that the input of outside professionals can be useful in helping to make important decisions. For the financial part of the agreement, outside help is often needed to determine the value of certain assets or debts. For example, a realtor can provide the market valuation of the home – usually for free. An accountant may be needed to assess the worth of a business and/or to give tax advice. A pension appraiser or actuary may be required to help the couple understand the value of a pension. Other assets like jewelry or art may also need to be appraised by an expert in the field.  These outside services are needed to make sure that the assets and debts are divided fairly.

Similarly, outside help may be needed to develop the parenting plan.  Sometimes divorcing couples may seek the assistance of a therapist or a pediatrician to ensure that the family’s emotional and medical needs are being addressed.

Divorce mediation offers an economical and less stressful means of creating a fair agreement for the family’s future; and fact-gathering and seeking expert advice are often essential parts of the process.

For more information about 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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