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. We are mediation-friendly and cost-efficient with mediated divorces.
If the parties are likely to come to terms relatively quickly or know essentially what terms they wish to have at the outset, they may wish to choose another avenue entirely. At Green & Associates, we often represent a party for a divorce and draft a property settlement agreement within the first weeks or months after or before the filing of a complaint for divorce, and the parties may reach a settlement of the case and execute the PSA or MSA without the need for mediation. The other party may obtain their own attorney to review the agreement if they so wish. This process may go forward as a default divorce or uncontested divorce where the PSA or MSA is the agreement with the terms of the divorce and it is incorporated in the Final Judgment of Divorce of the Court.
In this manner, the parties may save considerable time and money, by going directly through the divorce and allowing the drafting process and negotiation of a property settlement agreement or matrimonial settlement agreement to allow them to come to terms in an amicable and cost-efficient manner.
If you wish to have a free consultation about a default or uncontested divorce, please call Green & Associates at 732-390-0480 or 201-242-1119 today!