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At a recent meeting between the family law judges and lawyers Family Law Mercer County, it was announced that the number of divorce cases filed in Mercer County had increased by more than 7% last year. So while recent reports have a ratio of divorcing couples declining, the actual number of divorces is declining, at least not locally.
One way in which the courts in New Jersey have decided to deal with the growing amount of divorce cases to encourage filing for divorce utilizing methods alternative dispute resolution – such as mediation and arbitration – in a bid to limit the cases will be actually go to trial. The word “press” for mediation and arbitration is a good idea. In theory, everyone wins -. The courts get to reduce divorce backlog her, but the parties to save on legal fees and part ways on their own terms
in practice, however, the spouse chooses to continue with the process of alternative dispute resolution, it arbitration or mediation, without knowing their rights of face real financial risk. If the member does not know what he or she is legally entitled to in terms of support or distribution assets, then how is the party if he or she is getting a fair deal?
The most vulnerable party is usually financially dependent spouse where economically dominant partner tends to manage the family budget and to have a better grasp of the party accounts and assets. The dependent spouse may be responsible for paying the household bills monthly – but not he or she has access let alone control over complex accounts, such as brokerage or retirement accounts? Does he or she have access to information professional dominant partner, which includes information on salaries dominant partner, bonuses (ES), benefits, stock options and deferred compensation accounts? And if the dependent spouse does not pay the bills to which he or she have a good idea of how much the parties actually spent monthly, including housing, transportation and personal expenses such as food, clothing, etc.?
Even assuming dependent spouse has a detailed financial picture, however, dependent spouse also needs to know what to do with the information. How much should he or she expect respect to child support? Alimony? Property distribution? Most times, it is not just one correct answer. The result depends on various factors, including length of marriage, marital standard of living, age and health of the children and each party, etc.
So why not just rely on the recommendation of the mediator or arbitrator with respect to these matters? Because, the mediator or arbitrator is usually an attorney with a solid foundation in family law, he or she is not an advocate. He or she is to facilitate settlement -. Not to represent the interests of any
It is therefore particularly important for the dependent spouse to research his rights or her – either by consulting with an attorney or at least consultation with the Internet and other available information resources – before attending any mediation or arbitration session. Only then will the dependent spouse know what questions to ask, what information and / or documents to ensure his or her spouse, and what to reasonably expect (and, indeed, demand) in terms of fair and just result.
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