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What Issues Can Be Resolved in Mediation?

Divorce mediation

Mediation is a helpful way of bridging gaps in divorce negotiations when an agreement is not easy to reach. Attorneys Daniel B. Tune, Esq. and Stephanie H. Fulton, Esq. counsel clients through divorce mediation to avoid trial. A trained mediator may reduce the chances that you will end up inside a courtroom before your divorce is finalized.

Physical Custody of the Children

One parent may have physical custody of the children, or the two may share physical custody. There is no default presumption as to which parent may have physical custody. The parents must work out a visitation schedule, keeping the children’s best interests in mind. A mediator could help the parents work through different scenarios to reach the best possible outcome for all involved. Additionally, the mediator may be able to make creative suggestions to help resolve disagreements between the parents.

Legal Custody of the Children

The divorce agreement will also specify how decisions will be made regarding the children. The children often benefit when both parents are involved, using their knowledge and experience to make decisions.

Specific issues need to be addressed as part of legal custody. The divorce agreement could specify a framework and process for how decisions are to be made. The parents may also need to address individual issues, such as religious upbringing and education. A detailed agreement can make decisions easier for parents.

Child Support

New Jersey law has statutory guidelines determining the amount the noncustodial parent pays each month in child support. However, there are often child support-related disputes that need to be addressed in mediation.

In addition, there are other financial issues related to raising the children. For example, the parents may agree that private education is in the children’s best interests, but they may disagree about who will pay for how much of the expenses.

Property Division

Division of property is often the most contentious issue in a divorce. New Jersey follows the rule of equitable distribution, meaning that property division may not be a 50/50 split. Property division often requires extensive negotiation. The spouses, through their attorneys, may exchange numerous proposals and counterproposals. The mediator can help the two spouses find common points of agreement and move closer to a settlement.

Spousal Support

One spouse may pay the other alimony when necessary to help them maintain the standard of living they enjoyed during the marriage. Spousal support is often awarded when one spouse has a higher earnings capability than the other.

The amount and type of spousal support may be in dispute. Further, the two spouses may disagree over the duration of the payments. A mediator can help the two spouses reach an agreement on how much alimony is paid and for how long.

If you have trouble reaching an agreement, consider divorce mediation. If both spouses are committed to the process, there is a chance that they can resolve the case without needing a divorce trial.

Our Experienced Hunterdon County Divorce Lawyers at Tune Law Group, LLC Help Clients in Mediation

Reach out to our Hunterdon County divorce lawyers at Tune Law Group, LLC early in the divorce process to give yourself the best chance of success. We offer free consultations. Call us at 908-434-1061 or complete our online form today. Located in Whitehouse Station, New Jersey, we serve clients in and around Hunterdon County, Monmouth County, Whitehouse, and Tewksbury.

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