When you think about getting divorced, you likely imagine a lengthy court hearing and frequent back-and-forth conversations between your New Jersey divorce attorney and your spouse’s legal representatives. While this is normal for many divorces in the state, it’s not the only option you have at your disposal. Divorce mediation is an alternative way to reach an agreement on the terms of your divorce.
What Is Divorce Mediation?
Divorce mediation is a method of reaching an agreement about the terms of your divorce outside of the court room. You’ll work with a designated mediator who will guide the conversation between you and your spouse. During these conversations, you’ll discuss terms like how to divide your assets and debts, who gets custody of any children and when, and other similar provisions.
Mediation can be more affordable than traditional divorces and typically helps you speed up the divorce process.
The Pros and Cons of Divorce Mediation in New Jersey
Divorce mediation can be a great choice for many couples who wish to avoid the hassle of spending days in court. But before you can decide on the best way to move forward with your divorce, you need to understand the pros and cons of using mediation instead of a more traditional approach.
The Benefits of Using Divorce Mediation
There are several benefits to using divorce mediation rather than taking your spouse to court. Here are some of the top advantages you may experience:
- You and your spouse are in control: When you enter mediation, it’s up to you and your spouse to set the terms of your divorce. You won’t be relying on a judge to determine the division of assets and other terms.
- It’s faster: Mediation can dramatically reduce the time it takes for you and your spouse to terminate your marriage. You’ll avoid having to wait for an available court date in a packed family court and can move at your own pace.
- It can preserve your relationship: If you and your spouse are considering an uncontested divorce and are already on decent terms, mediation can help you preserve your good relationship. You’ll be working together to reach terms that work for both of you and may avoid the arguments common in traditional divorces.
The Downsides of Using Divorce Mediation
Though there are clear benefits, divorce mediation isn’t the perfect fit for every couple. Here are a few of the downsides you’ll want to familiarize yourself with before making your choice:
- You’re in charge of representing your own interests: Since you’re not working with a New Jersey divorce attorney in the traditional sense, you won’t have someone representing your best interests. You’re completely in charge of making sure you’re happy with the terms and that those terms work for your needs.
- It’s not ideal for couples who can’t get along: If you and your spouse are constantly arguing and can’t stand to be in the same room, mediation may not be the best fit. You need to be able to have civil conversations with your spouse during each mediation session.
- Mediation won’t always be fair: When you let a judge determine the division of assets, the end result is typically fair for both parties. In mediation, you may need to compromise on certain terms, which could make the outcome less equitable than you’d like.
How to Decide if It’s Right for Your Situation
Ultimately, mediation can be a great choice for couples getting divorced in New Jersey. If you and your spouse are capable of having civil conversations and trust each other to reach fair terms that you can both agree on, mediation can be a great choice. But if you need someone to act as a buffer between you and your spouse, a traditional court-supervised divorce may be a better choice.
Speak to Your New Jersey Divorce Attorney
At Carvajal Law, our team is ready to help you and your spouse reach a fair agreement, whether you want to pursue mediation or a traditional divorce. Contact us today to schedule a consultation with an experienced New Jersey divorce attorney.