New Jersey Divorce Mediation Preparation: What You Need to Know

Divorce mediation is a structured process where a neutral third party assists a divorcing couple to negotiate agreements on key issues arising in their marriage dissolution proceedings. These matters can include asset division, child custody, spousal support and so forth. Proper New Jersey divorce mediation preparation is very important and is designed to ensure a smoother, more efficient process. We take a moment to share a comprehensive 12-Point Checklist to help you appropriately to undertake New Jersey divorce mediation preparation.  

1. Understand the Mediation Process 

Before mediation begins, you absolutely must familiarize yourself with how the process works. If you are like more than a few New Jersians, you may have no idea that mediation can occur in different family law-related matters. Here are several of the primary elements of marriage dissolution mediation that you need to note:  

• Mediation is voluntary, consensual, and confidential
• A mediator facilitates discussions but does not impose decisions on a couple  
• An individual session may last from two to four hours, with multiple meetings if needed 
• Both parties must be willing to compromise  

2. Gather Financial Documents  

Accurate financial records are crucial for fair negotiations and the mediation process. This necessitates the need to gather and organize various financial documents that can include:  

• Income: Pay stubs, tax returns (for the last 3 years), W-2s, 1099s
• Assets: Bank statements, investment accounts, real estate deeds, vehicle titles.  
• Debts: Mortgage statements, credit card bills, loan documents 
• Expenses: Monthly bills, childcare costs, medical expenses

3. Identify Marital vs. Separate Property

New Jersey is an equitable division of property state when it comes to marital assets and debts. What it means is that property is not divided equally between the parties but rather in a manner that is deemed fair and equitable according to the facts and circumstances of a particular case. As a prelude to the equitable division of assets and debts, a determination must first be made in regard to what exactly is marital property and liabilities:

• Marital property: Acquired during marriage (subject to division)
• Separate property: Owned before marriage or received as a gift or inheritance during a marriage (not subject to division)  

4. Assess Child Custody and Support Needs

If children are involved in a New Jersey divorce, there most definitely are special considerations to address before mediation. These include:

• Proposed parenting plan that includes a custody arrangement and parenting time schedule
• Child support calculations (New Jersey child support guidelines apply)  
• School and medical records 

5. Consider Tax Implications

A variety of matters that are dealt with in a New Jersey divorce mediation have the prospect of having what can prove to be significant tax implications. An element of New Jersey divorce mediation preparation is coming to a basic understating of possible tax consequences of a settlement. These include possible filing status changes as well as tax deductions that me be related to such issues as child support or alimony

6. Plan for Emotional Challenges

Do keep in mind that a divorce mediation can be an emotional experience. This is a possibility even if you’ve been able to make it through the dissolution of your marriage without significant emotional upheaval thus far. The stark reality is that one reason why you may have kept emotions in check thus far in your case is because the concept of your marriage ending may still seem vague in some ways. The commencement of mediation really does bring the reality of divorce home.

7. Draft a Proposed Settlement Outline 

Finally, take time to outline what you would like to see in the way of a resolution and summarize what you’d like to see the way in a resolution of mediation. This outline should include any issues that you may have already reached agreement​ on. Coming up with a proposed settlement outline as part of your New Jersey divorce mediation preparation efforts provides the mediator with at least some preliminary guidance in regard to issues that are important to you in your marriage dissolution case. This effort on your behalf can be extremely helpful when it comes to commencing a mediation session in your case and the start of New Jersey divorce mediation preparation. If you have questions concerning divorce mediation in New Jersey call the Law Offices of Peter Van Aulen today at (201) 845-7400 for a free consultation.