August 24, 2012 By

Protecting Your Rights in a Divorce Mediation

When you are involved in a marital dissolution in New Jersey, there are a number of different ways your differences can be resolved. You can take your disputes to court, asking a judge and/or jury to make decisions about child custody and visitation, child support, alimony and the division of marital debts and assets. Litigation can be expensive, though, and can be an extremely time-consuming process. You could seek to negotiate solutions to your disagreements, but that can be difficult as well, as you may feel that you have less bargaining power, or can be intimidated by your ex-spouse. An alternative that works for many people in New Jersey is divorce mediation. This blog post helps you identify ways to protect your interests in divorce mediation.

What Is Divorce Mediation?

In New Jersey, divorce mediation is a process whereby a third party, who represents neither spouse, acts as a facilitator, helping the parties identify and implement solutions that work for both of them. The mediator is typically someone with specialized knowledge about family law matters, who can make constructive suggestions to the parties regarding ways to settle their disputes. Parties can voluntarily agree to take their differences to mediation, or mediation can be ordered by the court.

How to Get the Best Results in Mediation

Mediation is designed to be a “win-win” process. It is not set up to determine who is right and who is wrong. Accordingly, going into the process with an open mind and a willingness to consider alternatives will likely enhance the chances that you will find a mutually beneficial solution.

The first thing to understand is that you don’t have to convince the mediator of anything. The mediator does not consider legal arguments, does not take testimony, and does not render any decisions. The person with whom you will have to work, and who you will need to help understand your position, is your ex-spouse. If you go in making demands, but not expressing any willingness to compromise, you will likely have little success.
It is also important to understand that, while a judge may compel you to take your differences to mediation, you are not required to resolve your disputes in mediation. You should never agree to something you don’t want simply because you believe that you have to settle your differences. All offers made in mediation are just that—offers to settle. You can always reject an offer. You can also walk away from mediation if you are feeling browbeaten or intimidated.

You will also have the best chance of resolving your controversies in mediation if you prepare in advance. Make a list of those things you must have, as well as those items that are negotiable. If something is non-negotiable, make certain you understand why.

Finally, remember that mediation about issues such as child custody, visitation and child support all affect your minor children. Be clear that what you are seeking is in their best interests, and always defer to this standard when evaluating offers from your ex-spouse.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

Filed Under: division of marital debt, Divorce, Divorce Mediation Tagged With: ,
July 24, 2012 By Leave a Comment

If you have decided to file for divorce, or are a party to a divorce proceeding, you may want to resolve matters, if at all possible, without the need to go to trial. Divorce litigation can be costly, in terms of time, money and emotions. There are options that will not only minimize stress, anxiety and expense, but will give you greater control over how your differences are resolved. This blog post looks at the ways you can avoid divorce litigation.

The first step to minimizing the risk of divorce litigation is to fully understand the costs of taking matters to trial. If you choose to dispute everything, and require a judge or jury to determine the outcome, you will necessarily go through a lengthy process. Once a divorce complaint has been filed, the court will establish a discovery schedule. This sets forth the amount of time that will be spent gathering all relevant information to determine child custody and visitation, child support, alimony or spousal support, and the division of marital debts and assets. In most instances, there will be requests for production of documents, as well as depositions of parties and other relevant witnesses. Your lawyer will expect to be paid for every task they handle for you. If they draft a request for production of documents, or a response to such a request, you will be billed. When they review all documents, you will be billed. When they appear on your behalf at a deposition, meeting or hearing, you will be billed. And, in addition to the expense, such actions take time.

Once you understand the cost of divorce litigation in terms of time and money, you should take a look at alternative means of dispute resolution, including negotiated settlements, mediation, and the collaborative approach to divorce. In a negotiated settlement, you and your counsel work directly with your ex-spouse and opposing counsel to work out agreements governing custody and support, as well as property matters. In mediation, you work with a neutral third party, who facilitates efforts to find mutually beneficial solutions. In the collaborative law process, you and your ex-spouse agree to try to resolve all matters without the intervention of the court. Your lawyers can also participate in the process.

The common component of successful negotiation efforts, mediation and collaborative law attempts is a willingness to work with your former spouse to find solutions that work for both of you. This means you may have to identify those items that are not negotiable and those about which you can be flexible. In all matters related to your minor children, however, you should always give priority to what is in their best interests.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail or call 800-404-5299. To learn more about our practice, visit our practice area overview page.

Filed Under: division of marital debt, Divorce, Divorce Mediation Tagged With: , , , , , , , , , ,
May 22, 2012 By

What are the Differences between Divorce Mediation, Arbitration, and Traditional Divorce?

If your marriage is coming to an end, New Jersey provides you with options as far as the process of dissolution. Many divorcing couples today choose mediation, arbitration, or combine one of those processes with traditional divorce. You can approach each method with our without hiring an attorney. The process that is right for you depends on your relationship with your spouse, your financial situation, your interest in negotiating rather than litigating (going to trial), and the complexity of issues involved. The following paragraphs consider control (who makes the final decision), privacy, and cost.

Who makes the final decision, privacy, and other issues

In successful divorce mediation, you and your spouse choose a mediator to help as you make all decisions regarding division of property and alimony/support. You and your spouse decide what the rules will be as your proceed. The meetings with you, your spouse, and the mediator conclude when you have worked out a divorce agreement. You and your spouse may consult with divorce attorneys during or at the conclusion of the process. Either party can discontinue mediation at any time and refuse to sign any agreement. If both spouses sign a divorce agreement, the family court judge will typically approve it quickly, and it will become part of the divorce judgment. If the divorce involves children, the court will take your wishes into consideration when determining custody and child support. Mediation is usually substantially less expensive than a litigated divorce. Mediation is a private, closed process. The records are not public.

In divorce arbitration, you and your spouse will choose an arbitrator to decide on the terms of your divorce, including division of property and debt, alimony/spousal support, and child support. You may select a professional with special expertise in an area of concern, such as tax law or special needs child support, or simply choose an arbitrator you feel comfortable with. You decide whether the decision of the arbitrator will be binding. The arbitrator will examine the facts and listen to each of you present your case, and then make a decision. If you agreed on binding arbitration, you will not have the right to appeal the decision, although the court will review child support and child custody issues if requested. Divorce arbitration is considered a less difficult and expensive process than traditional divorce. Arbitration is a private, closed process. Records are not public.

In traditional divorce, one spouse files a complaint for divorce. The court then sets a schedule of appearances. Each spouse will independently decide whether to hire counsel. If you hire a lawyer for your divorce, you will have little direct communication with the judge—your attorney will handle most statements. Your attorney and you’re your spouse/spouse’s lawyer will charge fees for all time spent preparing for or discussing the case. If no agreement is negotiated, the case is litigated in court. Court records are public, the terms of the divorce are decided by whichever judge hears the case, and attorney fees may be considerably higher than in a mediated or arbitrated divorce.

Contact us or visit our Practice Areas page for more information about Taylor & Boguski.

Filed Under: Divorce, Divorce Mediation Tagged With: , , , , , , , , , , , , , , , , , , , ,
May 22, 2012 By

Factors to Consider When Choosing a Divorce Mediator

By pursuing divorce mediation, you are taking an important step toward resolving issues in the most financially and emotionally economical manner. When you approach the court with property, child support and custody agreements you have worked out yourself, you have maintained control of your future and that of your children. The judge is very likely to approve your agreement and include its terms in the final divorce settlement.

Now, what factors should you consider when choosing a divorce mediator? And where can you look?

When you contact a divorce mediator, be prepare to discuss the following points:

Credentials. You should feel very comfortable asking for a clear explanation of a divorce mediator’s credentials. New Jersey does not require family law and divorce mediators to be licensed or certified. It does have certain training and supervised experience requirements for mediators working in court-approved settings. Training requirements can be met through a relevant advanced degree or by completing a course approved by the court. Experience can fulfill part of training requirements. Professional mediation associations may base membership and referral requirements on the state standard. Has the mediator been appointed to the matrimonial roster maintained by the New Jersey Administrative Office of the Courts?

Personality and style. You and your spouse have to feel comfortable with the mediator’s style. Will you feel more comfortable with someone who simply facilitates your discussion, or are you looking for someone to give direct instructions? Will you feel safe and comfortable discussing sensitive issues with this person? You and your spouse may each want to meet with the mediator to get a first take on compatibility. The divorce mediator should not be offended if you decide to work with another person.

Experience and reputation. Ask how long the mediator has been in practice and how many divorce he or she has handled in the last two years. Ask about results— what percentage of mediations were successful, and how many couples ended up litigating their cases. (An average rate of successful mediated resolutions would be in the 65-80 percent range.) Is the mediator willing to provide references? Have any complaints been filed with the courts or professional mediation associations? Does the mediator train or mentor newer members of the profession?

Cost. Fees should be clearly stated. The mediator who charges the lowest rate will not necessarily be the most economical choice, but there should be no question about the billing structure.

Does the mediator work with attorneys? Some mediators suggest clients have respective divorce lawyers review their final agreement.

The number of meetings necessary to reach an agreement will depend on the complexity of your issues and the distance you and your spouse have to cover to meet at a common ground. A skillful divorce mediator will guide you as you set aside painful personal issues and focus on the business at hand: preserving the maximum marital estate, developing an agreement the court will approve as fair, and if there are children, providing the best possible outcome from their perspective.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

Filed Under: Divorce, Divorce Mediation Tagged With: , , , , , , , , , , , , , , , ,
March 14, 2012 By

What is Divorce Mediation?

Divorce mediation is a process where a neutral party helps a couple work out the terms of their divorce. The third party, a certified mediator, does not make any decisions. Rather, the mediator works with the couple, guiding their discussions and helping them focus on solutions that preserve the value of the marital estate, are fair to both spouses, and are in the best interests of their children. It is the mediator’s job to provide a calm, professional presence in an emotionally difficult situation

Mediation is a private process. Typically the spouses will sign a contract agreeing to keep the discussions confidential. The discussions will not be admitted as evidence in any later court appearances.

Each divorce agreement is unique. The length of the mediation process depends on the complexity of issues involved and how far the spouses are from agreement. Mediation begins with a series of meetings including both spouses and the mediator. The number and length of meetings will vary. Divorce is a difficult process, always following the pain and disappointment of a failed marriage. It is common for spouses to place irrational importance on small issues, or fail to see the burden a custody battle will place on their children. The mediator will help them refocus on important issues and put others in perspective. It is necessary that both spouses be willing to put forth an honest effort to reach an agreement. If one or both are seriously combative, mediation will not be an effective solution.

You may still have an attorney review your agreement. When the couple has reached agreement on some or all issues, the mediator will prepare related documents to be submitted to the court as part of the final divorce proceedings. Many mediators recommend that their clients engage separate attorneys to review the agreements before finalization. Although that is not required by the court, it provides an additional layer of protection for each party. It is an economical alternative to working through the agreement process with your attorney present.

New Jersey divorce courts support mediated settlements. A mediated agreement is generally considered superior to a decision rendered by a judge. Both parties have invested time and emotional energy in reaching common ground. The mediator has helped them work out reasonable agreements and get past apparent roadblocks. With few exceptions, judges approve the agreements.

New Jersey courts recognize mediated property settlements and child support agreements, although a child support agreement may be reviewed if there is a question about the child’s welfare. In a related process, collaborative divorce, each party is represented by separate counsel, and the mediation process may involve a child psychologist, property evaluator and other experts. Some collaborative divorce lawyers, as part of their commitment to mediation, refuse to later represent their clients in litigation.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

Filed Under: Divorce, Divorce Mediation Tagged With: , , , , , , , , , , , , , , , , , , , ,
February 23, 2012 By

Types of Divorce

From a legal perspective, New Jersey classifies the dissolution of a marriage simply as uncontested or contested. Divorce can be initiated by either spouse. Since the advent of no – fault divorce, the most common reason stated is simply irreconcilable differences. It is rare for the court to inquire as to the differences.

The legal distinction between types of divorce is simple, but in reality, each divorce is as unique as the individuals involved. Most dissolutions of marriage fall somewhere along a continuum, bounded by amicable agreement and all-out war.

Uncontested divorce

In an uncontested divorce, the couple works out an agreement on all division of assets and debt. This will include division of all property/assets, including retirement accounts, the family home, vehicles, investments and Aunt Sally’s blue china plate. It may include terms of any limited or permanent alimony, and a determination of how any debts will be settled. This agreement is formally written into a property settlement agreement (contract) which becomes part of the final judgment of divorce.

If the couple has children, the parents must agree on all details of child support, medical insurance, cost of education, sports, music lessons and other expenses. Their agreement must include decisions on legal and physical custody (sole, joint, combined), parenting time for a non-custodial parent, expenses involved in transporting the child between homes, and may involve agreements on special features such as video calls and religious instruction. If the couple can not agree then the Courts will make those decisions, something both parties should try to avoid as it is their children and they should do what is in the best interests of the child/children.

Related issues that may be included in the agreement include terms of temporary separation, grandparents’ visitation rights, and provisions for re-evaluating child custody post-divorce.

An important feature provided by uncontested divorce is privacy. In a contested (litigated) divorce, the record of court proceedings is a public record that may cause pain or embarrassment to the couple, their children and other parties.

Uncontested divorce is, compared to litigation (contested divorce), economical in financial and emotional terms. Attorney fees are kept to a minimum. There are no public arguments. Some couples with few assets and liabilities and no children even opt for do-it-yourself (DIY) divorce, preparing documents and presenting them directly to the courts. There are hazards, however, to DIY divorce, or budget attorney packages. Under the stress of emotional exhaustion or guilt, a party may agree to terms that are clearly unfair. The couple may overlook significant property or financial issues, fail to consider future changes in circumstances, or not understand the impact of the agreement on welfare or medical assistance payments.

Contested divorce (litigation)

In a contested divorce, the spouses fail to agree on some or all terms of division of property, child support and custody, and alimony. Spouses are represented by separate attorneys; the role of each is solely to protect the interests of his or her client. The litigation process may include discovery, investigations of marital assets, psychological evaluations of parents and children, motion practice, multiple court dates and postponements. The validity of a pre-nuptial agreement may be questioned. Ideally, divorce lawyers act as voices of reason in an emotionally charged space, helping their clients reach fair agreements on as many points as possible, only taking the most contentious issues to court. Finally a judge, working on the basis of court documents and proceedings, decides all terms of the divorce.

Child custody is the most complex and challenging issue in contested divorce. The law does not favor either parent as custodian, but will look at time away from home, living situations, the child’s relationship with each parent and the effect on the child’s education and social life when deciding custody issues.

Despite famous stories of contested divorce proceedings that devour the bulk of the marital estate or take years to resolve, most contested divorces are resolved in a reasonable fashion.

Legal separation, divorce from bed and board and annulment as alternatives to divorce

Some individuals, for religious or other reasons, choose not to divorce. Some choose instead a legal separation, living apart and limiting their financial relationships with their spouses. Others petition the court for annulment. An annulment is essentially a statement that the marriage did not exist. In New Jersey there are divorces from ”bed and board”-which allows the parties to live separate and apart, completely divide their assets and liabilities, determine alimony and child support, and allows for one spouse to keep the other spouse on their health insurance coverage. Neither party, however, can re-marry.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

Filed Under: Divorce Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
January 10, 2012 By

Mount Laurel Divorce Temporary Orders Attorneys

Divorce often involves recriminations, accusations, and feelings of betrayal. As a result, people can end up acting in ways they’d never thought they would in an effort to hurt the person who hurt them. Consequently, temporary orders are important in any divorce since they afford essential protections for both spouses and their children.

What are temporary orders? In New Jersey they are known as Pendente Lite Orders. They are orders pending the Final Judgment of Divorce. These orders are issued by a judge in order to establish the financial and parental rights and responsibilities of each spouse throughout the divorce process and to retain the status quo until there is a final hearing.

Why are Temporary Orders Important in My Divorce?

In New Jersey, spouses have a great deal of leeway to decide for themselves how to interact and make certain kinds of financial and parenting decisions prior to and during a divorce unless there is an Order of the Court placing restraints and limitations. This can leave both spouses vulnerable, for example if one or the other decides to sell property, max out credit cards, stop paying bills, emptying a bank account, or suddenly move out of town with the children.

In New Jersey, when the Divorce Complaint is filed there are no automatic stays except for the modification of insurances, life, heath, homeowners and car. An application must be made to the Court asking for relief, including but not limited to the support of a spouse and the children, temporary custody and parenting time, restraints on the disposition of assets, preventing a parent from moving out of state with the children, responsibility to pay bills etc. For these reasons, it’s important to ask your attorney to request that the court issue temporary/ pendente lite orders protecting your financial interests and parental rights.

Temporary Orders, Spousal Support, and Parenting Plans

While each divorce is different, in general, temporary orders do not change throughout a divorce. In fact, in most cases temporary orders may serve as the foundation for any final parenting plan or spousal maintenance order in a divorce settlement. This is especially important to remember in regard to parental rights during your divorce.
If your spouse intends to ask for full custody of your children, his or her attorney may ask for a temporary restraining order. If granted, this will affect your access to your kids and any final parenting plan approved by the court. Consequently, requesting temporary orders that guarantee you access to your children protects your long-term custody interests.

Contact Mount Laurel Divorce Temporary Orders Attorneys

Regardless of how well you believe you and your spouse resolve differences, don’t assume this will continue through your divorce. Once financial issues arise, your spouse’s divorce attorney could take a more aggressive approach, leaving you on the defensive. To protect yourself and learn how we can help you, contact Mount Laurel divorce temporary orders attorneys at Taylor & Boguski, LLC today to schedule an appointment and discuss your case.

Filed Under: Divorce Mediation Tagged With: , , , , , , , , , , , ,