Many people are uncertain about how to wrap up their divorce after going through the mediation process. Couples who go to mediation can often avoid ever appearing in court. They still, however, must complete all of the basic paperwork required to legally finalize a divorce. Today we will walk through the steps of concluding a New Jersey divorce after mediation.
In our last post, we talked about the Memorandum of Understanding (MOU). This is a document that includes all the agreements you reach in mediation. The MOU forms the outline for your final Marital Settlement Agreement (MSA).
Marital Settlement Agreements
Most couples who are ready to finalize their divorce ask the consulting attorney for one of the spouses to put their MOU into the form of a Marital Settlement Agreement (MSA). The attorney for the other spouse then reviews the MSA to ensure that it complies with the MOU and contains all necessary legal clauses. Both parties must then sign the MSA, have it notarized, and file it in court. The court will review the MSA and turn it into a consent order controlling the outcome of your divorce. Court review at this stage is superficial. You must be certain that your MSA includes everything you need it to include before submitting it to the court.
If neither of you has filed for divorce yet, either before or during mediation, you can submit your paperwork and your MSA to the court at the same time and request an uncontested divorce. You will also need to file whatever other documents the court requires to conclude the case, such as a proposed final divorce judgment.
Divorce on the Papers
At one point, concluding a New Jersey divorce required a brief court appearance where the parties would answer some basic questions in person before the judge. In most cases of uncontested divorce, this is no longer the case. Judges in some counties have been granting final divorces without court appearances (known as a divorce on the papers) for several years. The courts extended this policy in 2020 due to the court closures that occurred during the pandemic. This expansion generally remains in place. Currently, parties can obtain a New Jersey divorce or dissolution of a marriage, civil union, or domestic partnership, or an annulment, without a court appearance where there are no additional requests for relief or outstanding issues for the court to resolve and either of the following circumstances exists:
- the filing spouse has given proper notice of filing the divorce complaint to the other spouse and is requesting a default judgment due to the other spouse’s failure to respond, or
- both spouses agree on all issues and are requesting an uncontested divorce with a signed MSA, or a continuation of final orders entered in other proceedings that resolve all issues of equitable distribution, custody, parenting time, and child support.
A no-appearance divorce is not automatic. You must request it in writing. After you submit your paperwork, court staff will review it and notify you of anything that is incorrect or incomplete. You will have 10 days to make corrections. If you do not meet that timeframe, the court will schedule a hearing.
Judgment of Divorce
Once your paperwork is in order, court staff will send it to a judge within 5 days. The judge will review it, and if it is satisfactory will issue a judgment of divorce or dissolution. The court will mail the judgment to the plaintiff or the plaintiff’s attorney who will then serve it on the defendant or the defendant’s attorney.
This is just a general outline of the procedure. Be sure to check with your attorney or the court to be sure that you have complied with all requirements. A no appearance divorce can help make the mediation process smooth and easy.
Next month we will talk about who can use mediation successfully and who should think twice about choosing the process. Meanwhile, if you want to know more about any aspect of mediation, or if you are ready to start mediation, contact one of our experienced mediators today.
How to Conclude a Divorce after Mediation
Many people are uncertain about how to wrap up their divorce after going through the mediation process. Couples who go to mediation can often avoid ever appearing in court. They still, however, must complete all of the basic paperwork required to legally finalize a divorce. Today we will walk through the steps of concluding a New Jersey divorce after mediation.
In our last post, we talked about the Memorandum of Understanding (MOU). This is a document that includes all the agreements you reach in mediation. The MOU forms the outline for your final Marital Settlement Agreement (MSA).
Marital Settlement Agreements
Most couples who are ready to finalize their divorce ask the consulting attorney for one of the spouses to put their MOU into the form of a Marital Settlement Agreement (MSA). The attorney for the other spouse then reviews the MSA to ensure that it complies with the MOU and contains all necessary legal clauses. Both parties must then sign the MSA, have it notarized, and file it in court. The court will review the MSA and turn it into a consent order controlling the outcome of your divorce. Court review at this stage is superficial. You must be certain that your MSA includes everything you need it to include before submitting it to the court.
If neither of you has filed for divorce yet, either before or during mediation, you can submit your paperwork and your MSA to the court at the same time and request an uncontested divorce. You will also need to file whatever other documents the court requires to conclude the case, such as a proposed final divorce judgment.
Divorce on the Papers
At one point, concluding a New Jersey divorce required a brief court appearance where the parties would answer some basic questions in person before the judge. In most cases of uncontested divorce, this is no longer the case. Judges in some counties have been granting final divorces without court appearances (known as a divorce on the papers) for several years. The courts extended this policy in 2020 due to the court closures that occurred during the pandemic. This expansion generally remains in place. Currently, parties can obtain a New Jersey divorce or dissolution of a marriage, civil union, or domestic partnership, or an annulment, without a court appearance where there are no additional requests for relief or outstanding issues for the court to resolve and either of the following circumstances exists:
A no-appearance divorce is not automatic. You must request it in writing. After you submit your paperwork, court staff will review it and notify you of anything that is incorrect or incomplete. You will have 10 days to make corrections. If you do not meet that timeframe, the court will schedule a hearing.
Judgment of Divorce
Once your paperwork is in order, court staff will send it to a judge within 5 days. The judge will review it, and if it is satisfactory will issue a judgment of divorce or dissolution. The court will mail the judgment to the plaintiff or the plaintiff’s attorney who will then serve it on the defendant or the defendant’s attorney.
This is just a general outline of the procedure. Be sure to check with your attorney or the court to be sure that you have complied with all requirements. A no appearance divorce can help make the mediation process smooth and easy.
Next month we will talk about who can use mediation successfully and who should think twice about choosing the process. Meanwhile, if you want to know more about any aspect of mediation, or if you are ready to start mediation, contact one of our experienced mediators today.
How Does the New Jersey Divorce Mediation Process Work?
Happy holidays! To our readers who are embarking on a divorce, or who are in the middle of the divorce storm, we wish you joy and peace this season. We hope that you have gotten some valuable information over the past few months from our series on using mediation to avoid divorce court backlogs.
We will be continuing this series today and into the new year. Last month we reviewed the basic divorce mediation process. Today, we are providing more details about the process, including information about caucuses, ground rules and confidentiality. Read more
The Divorce Mediation Process Step by Step
Happy November! In this season of giving thanks, we can be grateful that the divorce mediation process is now available and accessible for so many people going through divorce. Divorce is never fun and is often one of the most difficult experiences of a person’s life. Facing litigation only makes things worse. Fortunately, mediation can help people avoid litigation. While not every divorcing couple can take advantage of mediation, most can. Read more
Issues to Address in Private Mediation
Divorcing couples sometimes wonder what kind of issues they can address in private mediation. The answer is that mediation is appropriate for any issue that you need to resolve to complete your divorce. Most couples start private mediation either before filing divorce papers or soon afterward, and most intend to resolve their entire case through mediation. Those who succeed can write up a marital settlement agreement and wrap up their divorce quickly. Those who come out of mediation with unresolved issues can take those issues to court. Read more
Court-ordered Mediation vs. Private Mediation
Welcome to another installment of our series on using mediation to avoid divorce court backlogs. Today we will discuss the differences between court-ordered mediation and private mediation.
Private mediation and court-ordered mediation have many similarities. Both processes help people resolve disputes in an informal and non-adversarial environment. In both cases, spouses typically attend mediation sessions together and negotiate with the help of a mediator. A divorce mediator is often an attorney. When acting as a mediator, however, the attorney is a neutral facilitator and does not represent either party or offer legal advice. The mediator will not make decisions for you but will help you communicate with each other and ensure that you stay on track. Read more
How Mediation Can Change Contested Divorce into Uncontested Divorce
This month we are continuing our series on using mediation to avoid divorce court backlogs. Today we will talk about how mediation can move couples toward uncontested divorce and why that is often the best way to proceed. First, let’s look at the differences between uncontested and contested divorce: Read more
How Mediation Differs from Litigation
Welcome to the second topic in our new series about using mediation to avoid divorce court backlogs. Last month we started with an overview of exactly what divorce mediation is. Today we will talk about the main differences between mediation and litigation. This information will help you understand why it makes sense for most divorcing couples to use mediation at some point during their divorce. Read more
Choosing Mediation to Avoid Divorce Court Backlogs
In recent months, backlogged divorce cases in New Jersey have clocked in at an all-time high of 5100. If you are stuck in this legal limbo, it might be time to consider “off ramping” your case into mediation. If you are just starting the divorce process, you can avoid the quagmire entirely by choosing mediation from the outset. You can even begin private mediation before either of you files for divorce. Read more
Do You Need a Divorce Coach?
Last month we talked about how couples counseling can be useful for spouses considering divorce. But what if you have already decided to divorce, and you feel overwhelmed? Should you find an individual therapist? Or could another kind of professional be more useful? While many attorneys are good listeners, attorneys do not generally have the right kind of training to provide the emotional support that is crucial for so many people going through divorce. Your attorney’s job is to protect your legal rights. But there is another alternative to traditional therapy. Today we are going to talk about divorce coaches, what they do, and how they differ from therapists and counselors. Read more
Should You Try Marriage Counseling Before Divorce Mediation?
Was this month’s Valentine’s Day a wakeup call about the state of your marriage? And if so, what are your next steps? Is your first stop an attorney’s office or is it a therapist’s couch for marriage counseling?
Read more