| At a recent meeting between family law judges and | | | | the dominant spouse's employment information, |
| family law attorneys in Mercer County, it was | | | | which includes information relating to the dominant |
| announced that the number of divorce cases filed in | | | | spouse's salary, bonus(es), perquisites, stock options |
| Mercer County had increased by roughly 7% over | | | | and deferred compensation accounts? And in the |
| the last year. So while recent reports have the | | | | event the dependent spouse does not pay the |
| percentage of divorcing couples decreasing, the | | | | household bills, does he or she have a good idea of |
| actual number of divorces is not decreasing, at least | | | | how much the parties actually spent on a monthly |
| not locally. | | | | basis, including their housing, transportation and |
| One way that the courts in New Jersey have | | | | personal expenses, 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 | | | | information. How much should he or she expect in |
| those cases that must actually go to trial. In theory, | | | | terms of alimony? Child support? Property |
| the "push" for mediation and arbitration is a good | | | | distribution? Most times, there is not just one right |
| idea. In theory, everybody wins - the courts get to | | | | answer. The outcome depends on various factors, |
| decrease their divorce backlog while the parties get | | | | including the length of the marriage, the marital |
| to save on legal fees and to part ways on their own | | | | standard of living, the age and health of any children |
| 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 anyone's |
| 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 family's 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. |