Divorce Mediation may be considered by parties that are relatively amicable and wish to try an alternative to a litigated divorce. They may not wish to pay the expensive litigation costs of a divorce that is fought out in the court system and seek a method for divorce that will not cost them a lot of money and will not cause them undue or unnecessary fighting and conflict. Generally, after a mediation an MOU or Memorandum of Understanding is drafted by the mediator and serves as the framework for the terms of any divorce. However, the mediator as an objective party may not file the divorce for the parties and the MOU must still be converted into a legally enforceable document generally known as the Property Settlement Agreement or Matrimonial Settlement Agreement. The MOU is only an agreement to agree. At Green & Associates, we often put through divorces that have been mediated and draft the PSA or MSA for the parties.
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When seeking a modification of child custody there are a number of issues to consider. If the parties cannot agree on a change of custody, a motion with the court must be filed and very often a best interests analysis must be obtained. The court will often order a plenary hearing, a mini-trial where evidence is presented and testimony is taken of the parties, witnesses and experts.
The court may wish to rely on an expert that is a joint expert or each party may obtain their own expert to render a report and testify as to what is in the best interests of the children as regards custody by the parties.
Custody today is generally an issue between one parent being the parent of primary custody or the parents sharing physical custody. Often it is helpful to look at two weeks and 14 overnights to determine how much parenting time each parent will have. If both parties have 7 overnights per two weeks, that is essentially shared physical custody.
When thinking about filing a motion for college tuition or expenses there a number of issues the parties should consider.
If you are seeking support for college and tuition postjudgment of a divorce, consider what the relationship of the parties are with the children at issue. Generally, it is important that the children still have a relationship with the parent from whom support for college is sought. If there is not a relationship or not a good relationship, that issue will have to be dealt with in any motion to determine the cause of the breakdown in the relationship of the child with the party from whom college support is sought. If that party chose to sever the relationship, they are more likely to be found to have to pay support for college and tuition. However, if the child chose to sever the relationship, it may impact the decision of the court regarding compelling the payment of support for college tuition and expenses.
Green & Associates, Divorce Law Firm in East Brunswick and Fort Lee for all Family Law Matters, Including Postjudgment Divorce Motions
At Green & Associates we handle all forms of family law matters, including uncontested divorces, contested divorces, annulments, and postjudgment motions that may involve modifications of custody, child support, alimony or college tuition and expenses. If you are looking for an annulment or uncontested divorce, a free consult with Green & Associates may also help you. We offer flat fees, please call our office to set up a free consultation at 732-390-0480 or 201-242-1119 ,
With the most recent change in the statute for alimony in New Jersey, the landscape of modifications for alimony and future awards of alimony have changed. It may be beneficial for you to have a free consultation with Green & Associates to discuss your status at this time.