| At a recent meeting between family law judges and | | | | the dominant spouses employment information, which |
| family law attorneys in Mercer County, it was | | | | includes information relating to the dominant spouses |
| announced that the number of divorce cases filed in | | | | salary, bonus(es), perquisites, stock options and |
| Mercer County had increased by roughly 7% over | | | | deferred compensation accounts? And in the event |
| the last year. So while recent reports have the | | | | the dependent spouse does not pay the household |
| percentage of divorcing couples decreasing, the | | | | bills, does he or she have a good idea of how much |
| actual number of divorces is not decreasing, at least | | | | the parties actually spent on a monthly basis, including |
| not locally. | | | | their housing, transportation and personal expenses, |
| One way that the courts in New Jersey have | | | | such as food, clothing, etc.? |
| decided to deal with the increasing volume of divorce | | | | Even assuming the dependent spouse has an |
| cases is to encourage those filing for divorce to utilize | | | | accurate financial picture, however, the dependent |
| methods of alternative dispute resolution such as | | | | spouse also needs to know what to do with that |
| mediation and arbitration in the hopes of limiting those | | | | information. How much should he or she expect in |
| cases that must actually go to trial. | | | | terms of alimony? Child support? Property |
| In theory, the push for mediation and arbitration is a | | | | distribution? Most times, there is not just one right |
| good idea. In theory, everybody wins the courts get | | | | answer. The outcome depends on various factors, |
| to decrease their divorce backlog while the parties | | | | including the length of the marriage, the marital |
| get to save on legal fees and to part ways on their | | | | standard of living, the age and health of any children |
| own terms. | | | | and each party, etc. |
| In practice, however, a spouse who elects to | | | | So why not just rely upon the recommendation of |
| proceed with any method of alternative dispute | | | | the mediator or arbitrator with respect to these |
| resolution, be it arbitration or mediation, without | | | | issues? Because, while the mediator or arbitrator is |
| knowing his or her legal rights faces real financial risk. | | | | typically an attorney with a solid foundation in family |
| If a party does not know what he or she is legally | | | | law, he or she is not an advocate. He or she is there |
| entitled to receive in terms of support or the | | | | to facilitate a settlement not to represent anyones |
| distribution of assets, then how does that party | | | | best interests. |
| know whether he or she is getting a fair deal? | | | | It is therefore especially important for the dependent |
| The most vulnerable party is usually the financially | | | | spouse to research his or her legal rights either by |
| dependent spouse since the financially dominant | | | | consulting with an attorney or at the very least |
| spouse tends to oversee the familys finances and to | | | | consulting the Internet and other available |
| have a better handle on the parties accounts and | | | | informational resources before attending any |
| assets. The dependent spouse may be responsible | | | | mediation or arbitration session. Only then will the |
| for paying the household bills on a monthly basis but | | | | dependent spouse know what questions to ask, |
| does he or she have access let alone control over | | | | what information and/or documents to secure from |
| more sophisticated accounts, such as brokerage or | | | | their spouse, and what to reasonably expect (and |
| retirement accounts? Does he or she have access to | | | | indeed, demand) in terms of a fair and just outcome. |