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Are There Advantages in Mediating Your Divorce Instead of Having the Case Heard by a Judge?

Are There Advantages in Mediating Your Divorce Instead of Having the Case Heard by a Judge?

Interviewer: In your experience, is the divorce law fair to both parties in New York and New Jersey?

Is It Better to Have Both Parties Agree to a Settlement? Judges in New York and New Jersey Have Discretion in Awarding Assets

Tanya: The best outcomes are those cases where people can resolve the issues themselves, either with mediation, collaborative law, or some level of negotiation. When you send a case to a judge the judge has a very wide discretion. You can take one set of facts and present it to four different judges in one courthouse, and you can absolutely end up with four different decisions.

So is that fair? I don’t know if that’s fair or not, but it makes the scenario much less predictable. They’re statutory rules that the judges have to follow and if the judge’s decision is based on the statue then it’s fair. When the parties settle their case, they have more control over the outcome.

New Jersey’s Statute on Alimony

We have permanent alimony in New Jersey for certain circumstances; and unfortunately, the cases that I see that drag out the longest and are the most troublesome are those where the payee spouse, the one that is receiving the money, a) doesn’t want to get a job, b) wants alimony for a permanent term, and asks for an unreasonable amount. These cases are very difficult to resolve.

Our Offices
  • Whippany Office
    575 Route 10 East
    Suite 1
    Whippany, New Jersey 07981
    Phone: 973-428-0800
    Fax: 973-428-0830
  • New York Office
    420 Lexington Ave.
    New York, New York 10170
    Phone: 646-213-9053
Testimonials
  • "Without Tanya and her time, the really unpleasant experience of getting divorced would have been even worse. They were able to settle the matter very quickly and helped me fit this into my tight schedule allowing me to leave to move abroad for my dissertation research on time without having to delay the trip because of the divorce. They also did all of it within my very tight budget. Thank you so much for your help and dedication to my legal matter!"  - AG

  • "Tanya and her Associates are outstanding! What I admire most about Tanya is her knowledge of the law with her keen negotiation skills to foster mediation. Her strategies efficiently resolve conflict leading to the resolution of cases. She and her team have an outstanding work ethic, know what data are needed, and get the job done. It is a pleasure to work with such wonderful professionals."  - Tara, Whippany

  • "I found Ms. Helfand's knowledge and tenacity most reassuring during the ordeal of my divorce. She was steadfast in her guidance and was very effective in her negotiations on my behalf. I would recommend her without a second thought."  -Jonathan

  • "Ms. Helfand was very professional and helpful with our bankruptcy case. Her advice was very useful and helped us make the proper decisions for our situation. In addition, she was very supportive during a very difficult time for us. Finally, she set very specific fee expectations and there were no surprises when it was completed. I would use her services again and would recommend her, without question."

  • "She is Incredible, very quick responding to the other party. Very professional and courteous. I highly recommend her. She has a great passion and love for every single case."

  • "Tanya and her team were very professional handling my divorce proceedings. She was very proactive in making the other attorney finally get the process moving forward. I would recommend her to anyone looking for legal services."  -Scott

  • "Ms. Helfand strategized & processed, both, my Divorce & Chapter 13 Bankruptcy. As both cases were emotionally and legally challenging, Ms. Helfand proved to be an empowering Mentor along the path to clarity for which I am truly grateful.I highly recommend her legal expertise to anyone who is seeking a confident, savvy & caring attorney to become at peace with self and any legal matters."  -Vas

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