Frequently Asked Questions about Divorce Mediation

• Can a separation agreement be mediated?

   

  Yes.  The state of New Jersey does not formally recognize legal separation.  However, a couple can agree to separate as a trial to divorcing or if religious beliefs prevent the couple from formally divorcing.  A separation agreement can also be useful to guide the couple in the period until a divorce is finalized -- especially if the couple is waiting the 18 months to get a "no fault" divorce.  Mediation is equally as helpful in negotiating out a separation agreement as a divorce.

   

  A separation agreement is a contract that outlines the terms of the separation, and it generally resolves issues such as child custody and support, alimony, division of assets, and assignment of debt. Similar to a contract, a separation agreement must be in writing and signed by both parties (and notarized).

   

  Under a separation, debts and assets are usually locked and made separate for each spouse. Thus, if your soon-to-be-ex runs up large credit card debt, you wouldn’t be responsible for them (from the court's view). A spouse is also barred from selling or converting marital assets during the separation.

   

  Similar to a divorce agreement, a mediator can help negotiate a agreement put into a memorandum of understanding which can be reviewed by each party's attorney before being converted into a formal separation agreement.  This is not filed with the court.

   

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  "Quarrels would not last so long if the fault lay only on one side."   -- Francois De La Rochefoucauld, French Classical Writer