The decision to end a marriage is never an easy one, and even for couples who remain amicable, the proceedings can be challenging and complicated without the right legal guidance. To find out how to better navigate the situation, we asked some of South Jersey’s leading divorce experts to offer some advice on pressing matters that may arise.
Has the pandemic caused any changes to divorce agreements? Do you see there being special clauses added in the future to address unforeseen circumstances such as this?
Our firm has included special clauses in divorce agreements due to the impact of the pandemic based upon the circumstances in particular matters, which I anticipate will continue to be included moving forward. I have also seen similar clauses included in divorce agreements prepared by opposing counsel.
Amy Smith, co-founder/shareholder, Weinberg Kaplan & Smith, P.A.
What does the mediation process typically entail?
Mediation is a process in which parties voluntarily come together to resolve disputes/divorces and other conflicts, with a neutral third-party professional mediator. The process begins with the mediator educating the parties on the topics for resolution and then continues with extensive fact finding and sharing of information. The mediator then assists the parties in negotiating and coming to resolution. Many times the mediator may suggest creative solutions that will best meet the needs of the parties. At the end of the mediation, the mediator prepares a Memorandum of Understanding detailing their total agreement.
How does mediation differ from arbitration?
In mediation, the parties are responsible for making all of the final decisions with the facilitation of a professional mediator. In arbitration, the arbitrator makes the final decision, the parties do not have a say in the outcome.
Roseann Vanella and Carmela DiNicola, co-owners, Advanced Mediation Solutions
With more cases of both spouses working and earning high incomes, how does that change the dynamic of alimony, child support, etc.?
It is virtually impossible to duplicate the marital lifestyle in two homes (post-divorce) that was created when the family was intact and both incomes were relied upon to sustain same. In situations where both parties are earning high incomes, especially if they are similar incomes, issues of alimony and child support are sometimes more easily resolved because there is not the concern or fear that one parent would be in a better position to replicate the marital lifestyle with the children than the other.
Stephanie J. Zane, partner, Archer Law
Published (and copyrighted) in Suburban Family Magazine, Volume 13, Issue 2.
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