Amicable / Uncontested Divorce
in New Jersey
Some couples are able to work through legal issues at their dining room table and only need legal assistance with properly memorializing the agreement and formally finalizing the actual legal divorce. But even in this situation, things may get thorny when the couple learns that they did not consider some less obvious points during their discussions.
For example, the parties may have agreed to share residential custody of their children on a 50-50 basis but did not discuss whether that would mean alternating weeks or a 2-2-3 parenting time cadence. Or, for parents who were never married and negotiated child support between themselves, did not know that the payee is typically obligated to pay the first $250 per year per child in unreimbursed medical expenses.
For example, the parties may have agreed to share residential custody of their children on a 50-50 basis but did not discuss whether that would mean alternating weeks or a 2-2-3 parenting time cadence. Or, for parents who were never married and negotiated child support between themselves, did not know that the payee is typically obligated to pay the first $250 per year per child in unreimbursed medical expenses.
Irrespective of how these less obvious points ultimately get resolved, although the parties think they have agreed “on everything,” there are often details that still need to be addressed.
If you have agreed on everything, then the next step would be for a formal document to be drafted memorializing that agreement, with big ticket items as well as the minor details in tow. This can be accomplished in a few ways:
1) The Most Cost-Efficient Method: Retain a mediator to finalize the finer points of every major issue you have agreed upon. Ask the mediator for assistance with less obvious and more minor issues that must be addressed in your particular situation. The mediator can also prepare the Marital Settlement Agreement, Consent Judgment, or Consent Order, which would be then filed with the Court. The mediator would be retained by both of you, reducing the overall cost. The mediator would be in the optimal position to help you work through any additional issues that arise in the process of the preparation of the Marital Settlement Agreement, Consent Judgment, or Consent Order. Although the mediator would not be able to file anything with the Court on your behalf, the mediator would be able to walk you through the process of finalizing your divorce or agreement through the Court system.
If you and the other party wish to understand more about the mediation process as it relates to this particular type of situation, feel free to schedule a complimentary 30-minute consultation so that the process can be explained to you in more detail. If you and the other party wish to schedule the first mediation session to start the process of finalizing your agreement, please click below.
2) One of you can retain an attorney to draft the comprehensive agreement with all divorce terms based on your mutual understanding. That attorney would only be representing one of you, not both of you, due to the issues with conflict of interest. That attorney would be retained by one party and would be, in essence, the advocate for that party. Having an attorney explain the legal implications of the terms to which the other party has agreed would serve as protection for the agreement’s longevity and survival of any unconscionability attack.
If you wish to retain RFL in this capacity, please schedule a consultation by clicking here.
1) The Most Cost-Efficient Method: Retain a mediator to finalize the finer points of every major issue you have agreed upon. Ask the mediator for assistance with less obvious and more minor issues that must be addressed in your particular situation. The mediator can also prepare the Marital Settlement Agreement, Consent Judgment, or Consent Order, which would be then filed with the Court. The mediator would be retained by both of you, reducing the overall cost. The mediator would be in the optimal position to help you work through any additional issues that arise in the process of the preparation of the Marital Settlement Agreement, Consent Judgment, or Consent Order. Although the mediator would not be able to file anything with the Court on your behalf, the mediator would be able to walk you through the process of finalizing your divorce or agreement through the Court system.
If you and the other party wish to understand more about the mediation process as it relates to this particular type of situation, feel free to schedule a complimentary 30-minute consultation so that the process can be explained to you in more detail. If you and the other party wish to schedule the first mediation session to start the process of finalizing your agreement, please click below.
2) One of you can retain an attorney to draft the comprehensive agreement with all divorce terms based on your mutual understanding. That attorney would only be representing one of you, not both of you, due to the issues with conflict of interest. That attorney would be retained by one party and would be, in essence, the advocate for that party. Having an attorney explain the legal implications of the terms to which the other party has agreed would serve as protection for the agreement’s longevity and survival of any unconscionability attack.
If you wish to retain RFL in this capacity, please schedule a consultation by clicking here.