Celebrating July 4th

On July 4th the United States of America celebrates its independence. Divorcing couples can celebrate their independence by deciding to mediate their divorce rather than having a Judge dictate the terms of their divorce. In a mediated divorce, the parties decide the issues of parenting time, custody, child support, spousal support and equitable distribution without the intrusion of an outside authority figure. The Mediator works with the parties to fashion an agreement that satisfies both parties.

Celebrate your independence. Mediate your divorce!

Divorce Mediation: New Year’s Resolution

This is the time of year when we are encouraged to do a self-inventory.  Based  on the inventory, we make one or two resolutions which we hope will carry us into the New Year with a renewed determination to make our lives happier and healthier.

If you are already in the midst of a divorce and experiencing the tension of the litigation process and its unhealthy side effects on your life, your New Year’s resolution may be to explore the divorce mediation option.

If your self analysis has brought you to the conclusion that divorce is your only option in your current relationship, your New Year’s resolution can also be to explore the divorce mediation option.

If you and your spouse are still on speaking terms, you are good candidates for divorce mediation. If you and your spouse have mutually decided to obtain a divorce, which indicates that you and your spouse are speaking to each other and have already reached your first agreement, you are excellent candidates for divorce mediation.

Divorce mediation usually begins with one or both parties telephoning the mediator and scheduling a consultation which both spouses attend together. At the consultation the mediator explains the mediation process and answers any questions you and your spouse have about the process. The mediator is a trained professional who facilitates the discussion between you and your spouse in regard to all the issues that should be resolved in order to reach a legal resolution, an end, to your marriage. The basic areas which will be discussed in mediation include custody, parenting time, child support, spousal support, division of assets and division of debts. Mediation sessions vary in length, but are not usually longer than two hours. The number of sessions required to reach an agreement depends on the parties and the individual facts of each marriage.

If you are already in the litigation process, mediation can focus on those issues which you have been unable to resolve at the time you consult the mediator. Even though both parties are represented by counsel, the attorneys are not required to attend the mediation sessions. Mediation is a confidential process so no disclosures made solely during mediation can be offered as evidence in court.

If you have made a New Year’s resolution to explore divorce mediation, please call me to schedule a free half hour consultation for you and your spouse. A mediated divorce will result in a healthier and happier 2014.

Divorce Mediation: The Case Information Statement

You and your spouse have agreed to use mediation to work out the issues in your divorce and you have selected a mediator.  Usually the issues which require the most homework for the divorcing parties are the financial issues, including child support, spousal support, division of marital assets and debts.

The Case Information Statement (hereinafter “CIS”) is a tool which assists the parties in resolving these financial issues.  The New Jersey Court Rules require that a CIS be filed in all family actions where custody, support, alimony or equitable distribution is contested, R. 5:5-2(a).  Your mediator may have you and your spouse complete a CIS or another document which contains similar information.

You can obtain a copy of a CIS by going to www.gannlaw.com and clicking on “free NJ appendices” in the middle of the page.  The CIS is Appendix V.  By reviewing the CIS and gathering the information requested, you and your spouse will be well on your way to providing the mediator with the information the mediator needs to assist you in resolving your financial issues.

Getting Your Divorce Started

You and your spouse have decided to get a divorce but haven’t started the process yet. What should you do first?

You need to decide the forum in which your divorce will proceed. Will you go to court to battle it out, or will you engage the services of a divorce mediator?

If you and your spouse are still on speaking terms you are good candidates for divorce mediation. If you and your spouse have mutually decided to obtain a divorce, which indicates that you and your spouse are speaking to each other and have already reached an agreement, you are excellent candidates for divorce mediation.

Instead of spending your money fighting in court, a forum which uses terms such as adversaries, in divorce mediation you and your spouse work with the mediator who facilitates reaching the goal of divorce. In divorce mediation you and your spouse together work out the terms of your divorce in such areas as child support, custody, parenting plans, spousal support and division of property, with the assistance of the mediator.

Working with a mediator to reach an agreement instead of hiring two attorneys, one for you and one for your spouse, saves you money, time and the stress inherent in the litigated divorce.