New Jersey Divorce and Enforcement of NJ Mediation Agreements, MOUs. Some parties that are amicable and have many outstanding issues between them often choose to go to mediation for the divorce prior to beginning the divorce process or filing a divorce complaint. Issues such as child custody, child support, alimony or spousal support and equitable distribution of assets such as a marital home or retirement accounts, such as IRAs, 401ks or pensions, are issues that may be sorted out with a mediator. A mediator may be an attorney but the mediator acts as an independent professional that attempts to reconcile these issues with the parties and memorialize their agreement in an MOU or Memorandum of Understanding. The MOU must then be formally drafted into a legally enforceable document or Property or Matrimonial Settlement Agreement. An MOU is just an agreement to agree and is not legally enforceable. However, upon execution of a PSA or MSA, the parties have a legally enforceable agreement which may be enforced in the Courts if one party or the other decides they have changed their mind and want other terms. In that instance, the court may hold a hearing to determine that the party wanting the change signed the agreement voluntarily without coercion and understood the terms that they signed off on. At Green & Associates, we are mediation friendly and our NJ divorce lawyer and NJ divorce attorney will draft your MOU into a PSA and file the complaint for divorce and process the divorce for you. Generally, this may be done as a default divorce and the other party may or may not obtain an attorney to review the ultimate agreement and may choose to answer or appear in the case. Call us today to discuss your mediation or if mediation is the right choice for you, if the parties are close to agreement on all issues, you may not need to go to mediation in advance of filing for divorce. You may reach us at 732-390-0480 or 201-242-1119 in our East Brunswick or Fort Lee offices for a free consultation, night appointments are available and flat fees are also available for limited uncontested divorces and defaults.
Oct 10, 2016 @ 11:00 AM — by Michael Green