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How does divorce mediation work?

Just because a New Jersey couple has decided to divorce, does not mean that they necessarily want to "get back" at each other. However, one way to lessen the emotional stress of divorce is to try to engage in divorce mediation.

Through divorce mediation, the couple and the mediator will have several meetings. The mediator is a neutral third party, whose purpose is to facilitate conversations between the spouses as they make decisions regarding property division, child custody, spousal support and other divorce legal issues.

At the first meeting, the couple and the mediator will decide which divorce legal issues they will try to resolve. They will decide the order in which these issues will be resolved. Then, they will identify what information they need to share with one another to resolve their divorce legal issues. This might include sharing financial documents, appraisals and other materials.

At subsequent meetings, the couple will discuss ways they can reach a compromise on their divorce legal issues. The mediator can help by giving the couple information about different ways to resolve divorce legal issues. Finally, once a couple has reached an agreement on all their divorce legal issues, the mediator can put that agreement into writing, to be approved by both spouses and their attorneys. Then a judgment based on the mediation agreement will be issued, and will become legally enforceable.

Of course, divorce mediation is not for everyone. But, for those who are willing to work together, it can be a way to end their marriage in a way that saves time, money and stress when compared to traditional litigation.

Source: FindLaw.com, "Divorce Mediation FAQ," accessed on Sept. 25, 2017

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Weinberg, Kaplan & Smith, P.A.
8000 Sagemore Drive, Suite 8202
Marlton, NJ 08053

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Phone: 856-375-1586
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