What if you want a trial separation before pursuing a full divorce? A sort of mini-step along the way. Can you use a divorce mediator to develop a separation agreement in New Jersey? The short, simple answer is yes. The more complicated answer is that there is actually no official status of being legally separated in New Jersey. So how can a divorce mediator help? A divorce mediator is a neutral third party that can help guide the couple to address all of the issues that they want included in their separation agreement. These topics tend to be all of the same topics that are in a divorce agreement- a parenting plan, a financial plan and support plan.
More specifically, the parenting plan would detail who has parenting time when during a typical week, what happens during special occasions and holidays, religious upbringing, extra-curricular activities, vacation plans, college education costs and so much more. The financial plan is a division of your marital assets and debts. What is happening now and/or in the future with the house, mortgage, bank accounts, investments, retirement funds, credit card debt, car loans, student loans, household bills and so much more. The issue of support can be a big one during a trial separation. How will you now support two households utilizing the same income? You will address child support and spousal support (alimony) payments and other expenses. Child support can cover basic expenses like housing and food but how are you paying for travel soccer? These are real life questions that you need answers to before starting to live apart.
At Westfield Mediation, LLC, the divorce mediators understand your situation. You want to have certain protections in place before living apart. You don’t want to be left in the lurch or on the hook for an unrealistic expectation. There is also great value in creating and actually living a separation agreement so that you know what works/doesn’t work in real life. Then you can tweak the agreement along the way before it is an official plan. The mediators create a document called a Memorandum of Understanding. This is a fancy term for a report that reflects the agreements you have reached in mediation. The couple can take this document and use it now as a separation agreement between themselves or they can use it later to pursue a divorce through the court system. That next step is done outside of mediation and up to the couple to decide which avenue to go down.
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.
More specifically, the parenting plan would detail who has parenting time when during a typical week, what happens during special occasions and holidays, religious upbringing, extra-curricular activities, vacation plans, college education costs and so much more. The financial plan is a division of your marital assets and debts. What is happening now and/or in the future with the house, mortgage, bank accounts, investments, retirement funds, credit card debt, car loans, student loans, household bills and so much more. The issue of support can be a big one during a trial separation. How will you now support two households utilizing the same income? You will address child support and spousal support (alimony) payments and other expenses. Child support can cover basic expenses like housing and food but how are you paying for travel soccer? These are real life questions that you need answers to before starting to live apart.
At Westfield Mediation, LLC, the divorce mediators understand your situation. You want to have certain protections in place before living apart. You don’t want to be left in the lurch or on the hook for an unrealistic expectation. There is also great value in creating and actually living a separation agreement so that you know what works/doesn’t work in real life. Then you can tweak the agreement along the way before it is an official plan. The mediators create a document called a Memorandum of Understanding. This is a fancy term for a report that reflects the agreements you have reached in mediation. The couple can take this document and use it now as a separation agreement between themselves or they can use it later to pursue a divorce through the court system. That next step is done outside of mediation and up to the couple to decide which avenue to go down.
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.