NJ Divorce Mediation Countdown: How Long Until It’s Over?

Divorce Is Often Seen as A Long Court Battle, But Mediation Offers A Quicker, More Amicable Option. How Long Does It Take? Find Out with Our Attorneys the Factors That Influence the Duration of Divorce Mediation in New Jersey

When a couple in New Jersey divorces, they ideally handle the multiple areas of negotiation and equitable division amicably. Even spouses who get along, however, can come up against issues when determining the financial elements of a divorce, such as the division of marital assets and spousal support, child custody, and parenting time. In these cases, divorce mediation can be a good option for a couple. Divorce mediation is the support of a neutral third party to come to an agreement on disputed elements of a divorce.

A couple can choose to enter into mediation before a divorce complaint is filed, preemptively hashing out details to reduce the future need for expensive legal support and litigation; it can be engaged during the divorce when disagreements arise, or the court can order it in the final stages of a divorce settlement or after. Mediation generally helps couples move forward with an uncontested divorce and avoid lengthy litigation, especially when they approach neutral support with a spirit of collaboration.

Common Factors That Impact the Duration of Divorce Mediation in New Jersey

A couple of primary factors greatly impact the length of divorce mediation proceedings in New Jersey, as well as whether they will work at all. The first is the spouses’ capacity to collaborate, as well as the nature of the disagreements at hand. If the couple is looking to have an amicable divorce and simply can’t agree on some of the detailed facets of a divorce settlement, it is likely that the expertise of a third-party mediator will help them move past any blocks. Issues related to parenting time, financial distribution and support, and even child custody can be resolved fairly quickly with a mediator’s facilitation. If a spouse is hard-set on a particular outcome and will not bend, however, it is likely that even mediation will not be successful, and the divorce may end up in court for litigation.

Another factor that influences the length of divorce mediation is when it begins. Preemptive mediation entered into before a divorce complaint is filed is generally sought out by a couple committed to working through the details swiftly and not spending tons on lawyers or a lengthy trial. A couple of sessions will usually be enough to resolve details. In other cases, when a divorce is litigated in court, and issues cannot be resolved, a family court judge may order mediation. These sessions begin at one hour, and continued disagreement would result in the need for further mediation or an appearance before an Early Settlement Panel.

NJ Court-Ordered Mediation Timeline

Court-ordered mediation occurs when, after divorce filing, there are issues a couple cannot agree upon. These usually involve the financial elements of the divorce. Additionally, when a couple’s divorce involves children and a custody decision is required, the court will review whether there is a reasonable custody and parenting time dispute and, in that case, order mandatory custody mediation. Legal procedures are always more complex when the couple cannot come to an agreement. For example, when court-ordered mediation is not successful, the judge may order the spouses to appear before an Early Settlement Panel, which is a group of neutral lawyers whose backgrounds lend themselves to helping a couple navigate divorce settlement roadblocks by providing recommendations.

However, the couple is not legally required to agree to these recommendations, and if this is the case, further mediation or a judge’s decision in litigation may be required. It is important to note that the judge will not order mediation in domestic violence cases, as mediation requires both parties to feel safe expressing their points. In this case, the judge will make a determination.

Handle Mediation Issues in New Jersey with Help from our Sea Girt NJ Divorce Lawyers

Having an experienced divorce attorney on your side as you enter into divorce mediation at any stage of the process will help you expedite the process and ensure that your rights are fully protected. While the mediator is a neutral third party that will not lean one way or the other in the case of divorce, if you have non-negotiables that need to be stood by, our legal team at at Bronzino Law Firm will make sure those conditions are met and not up for discussion in a mediation. Our divorce lawyers know your back story and are not neutral; we represent you and only your interests. We understand the nuances of the details you are fighting for and are there to represent your best interests in a divorce settlement, even as compromise and amiability are honored and sought.

Our team at Bronzino Law Firm also has years of experience successfully representing divorcees who decide to undergo mediation in Rumson, Middletown, Wall, Ocean Township, Beach Haven, Red Bank, and across Ocean and Monmouth County. We help to ensure that our clients move into their future fully supported by each element of their divorce settlement so they and their families can grow and thrive with a clean and abundant slate. Contact us today at (732) 812-3102 or fill out a contact form on our webpage for a free and confidential consultation with a member of our team.