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GOING TO COURT TO GET YOUR DIVORCE FINALIZED

10/19/2018

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All marriages and divorces have official paperwork attached to them.  I vividly remember going to the New York county clerk’s office and filling out the paperwork for my marriage license.  This was no easy task since I lived in Connecticut at the time. So, I had to take an entire day off of work just to do the paperwork for marriage.  You may have to do the same for your divorce.  Annoying- but necessary. In almost all situations, you have to go to court to have your divorce granted by the judge.

My clients often ask why does a couple who goes through divorce mediation and agrees on everything in the end still have to go to court. They don’t want to take time off of work and court seems so intimidating and unnecessary.  That is where the official paperwork comes in.  I have been told that your attorney, or the judge if you have no attorney, will show the court that you think the agreement is fair, understand everything you agreed to in the divorce decree, were not forced into the agreement, that it resolves all the issues in your case, etc. It seems like it is a safety net preventing you from rescinding your agreement down the road.  For example, you agreed to five years of alimony, but then five years later you want to return to court saying you didn’t really understand that alimony was for just five years, and now you want to extend it.  There are witnesses and signatures that say otherwise.  You previously stated and signed that you did understand and you did agree to these terms on the day you were in court.  You both need to sign the divorce decree as well.  Official paperwork. 

It may be an inconvenience to have to take off of work to get divorced.  But it is the only time you will have to go to court if you utilize divorce mediation.  Westfield Mediation, LLC, offers different hours each day to best suit our clients needs, including evening hours.  We can schedule appointments around your busy schedule.  If you litigate your divorce you have to go to court many times and take many days off of work.  You can be one and done with divorce mediation. 
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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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    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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