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