Determination and allocation of marital assets and debts. What is marital property? What goes into the pot for distribution. Whether to sell the house or not? Who gets to live in the house? What are the tax ramifications? All these and other issues are discussed at length in Mediation.
New Jersey courts have a policy favoring shared parental responsibility and frequent contact between a child and both parents. Beyond this, courts can divide physical and legal custody of a child between the parents in any way that serves the best interests of the child.
The time the non-custodial parents spends with the child. Frequent contact of with the child is encouraged depending on the physical proximity and circumstances of the non- custodial parent. New Jersey courts actively encourage the parents to decide on Custody, parenting time and child support by themselves.
Whether they are married or not, both parentsOtherother related issues that are addressed in mediation are responsible for supporting their children financially until the children achieve majority. The State offers a guideline to calculate child support. However the parents are free to deviate from it and determine their own child support amount based on their own circumstances as long as it does not fall below the recommended amounts in the guideline.
It is one spouse paying support to the other after a divorce. It's designed to help a lower-earning spouse who may have been out of the workforce, raising children or earning very little, to get through the divorce and regain self-sufficiency.
Navigating the Legal Landscape for NRIs in the US
As globalization draws millions of Non-Resident Indians (NRIs) to the United States for better opportunities, they encounter a complex array of legal challenges impacting their personal and professional lives. Some of these challenges include property disputes, estate planning, and divorce.
Divorce: Divorcing Indian couples in the US face unique issues such as jurisdictional conflicts, cultural and religious considerations, property division between the US and India, child custody disputes, and alimony and spousal support complications. The process can be further complicated by differing immigration statuses, cultural and religious considerations, traditions and the fear of social stigma.
Child Custody and Relocation:Custody decisions can be contentious, especially when cultural preferences conflict with the US legal standards. Relocation issues arise if a parent wishes to move to India, affecting international custody and visitation.
Alimony and Spousal Support:Determining support amounts can be challenging due to differences in income levels and living standards between the US and India. Enforcing support agreements across borders is also difficult, but mediation can facilitate smoother resolutions.
Equitable Distribution/Property Division: Dividing assets across the US and India involves complex legal and cultural issues, including the non-recognition of dowry and mehr by US courts. Mediation, with its focus on cultural and religious sensitivity, provides a confidential and equitable approach to resolving these disputes.
We strongly believe that by acknowledging and addressing these unique challenges and empowering the parties through mediation, we can help divorcing Indian couples in the US navigate the process more smoothly and achieve fair outcomes.
Post divorce issues
Cohabitation
Palimony
Decision making for elders
Estate issues
We understand your issues and offer a network of professionals in the US and in India.
Please call us or message us here or on WhatsApp on 862-263-0211
Mediation is used effectively in disputes regarding labor-management relations, community disputes, employer-employee disputes, contract disputes and partnership formations and dissolutions.
Mediation aids in facilitating agreements which often develop in cases surrounding business and transactional matters. Almost all (95%) matters which are filed in the courts of law are resolved through negotiated settlement. The mediation process is designed to facilitate an early settlement and to significantly reduce the cost to the parties.
In many business dissolutions, partners have long standing relationships and many economic and non-economic ties. The mediation process helps partners move forward without engaging in a bitter adversarial process. It helps partners develop plans that are fair to all parties.
Residential and commercial leases, commercial property development, landlord-tenant conflicts, boundary disputes, nuisance/noise issues, easements, eminent domain.
Employment Law regulates the relationship between workers, managers, and owners to ensure everyone is treated fairly and respectfully.It includes Sexual Harassment, Workplace Harassment, Hostile Work Environment, Discrimination (race, sex, pregnancy, age, religion, disability) Unpaid Overtime (wage and hour lawsuits), Off-The-Clock Overtime (Forced to work Off-the-Clock), Retaliation and Whistleblower Violations, Family and Medical Leave Act, Severance Agreements, NJ Employment Agreements and NJ Non-Compete Agreements
Partnerships (formation, dissolution)
Professional liability claims
Breach of contract
Breach of fiduciary duties
Closely held business disputes
Construction disputes
Neighbor disputes
Family business disputes
Family estate transitions
Consumer disputes
At the end of the mediation, the mediator will draft a Memorandum of Understanding, which you will take to your respective attorneys for review. One of the attorneys will draft a Property Settlement Agreement based on the Memorandum of Understanding. This will be review by the other party’s attorney. The property Settlement Agreement forms the basis upon which the divorce will ultimately be filed and granted.
Even when the mediator is a lawyer, he/she cannot give either party legal advice. During divorce mediation, we may provide legal information, but we will not give you legal advice. We encourage both parties to seek legal counsel during the process whenever they think it is warranted.
Our sessions run in the increments of an hour and a half (90 minutes). We generally do not accept more than two cases on the same day to allow for flexibility of time to our clients.
The number of sessions required for divorce mediation varies widely and depends on the complexity of the issues to be resolved and the parties’ willingness to settle. Unlike litigated cases, the parties have more leeway and control over the length of time within which to settle. It is much shorter than a litigated case.
We meet over Skype or Zoom. In case of Zoom, the parties do not need to download it. They will receive a link from the mediator. They will log on from their current location. Separate virtual rooms will be available if the parties need to talk to the mediator privately regarding certain issues. All the documents will be kept in a database to which all the parties will have all time access. A status report will be emailed to the parties at the end of each session. At the conclusion, the mediator will draft the MOU which the parties will go over in the last session and make revisions or approve the same.
Yes, we can help you draw up interim agreements to cover immediate issues while you work towards full settlement. For example, temporary/changed parenting plan, child custody or nesting arrangement during COVID.
Yes, that is the beauty of Mediation. Any issue that falls within the legal realm can be resolved in mediation and you have the power to negotiate, to barter, to create and explore options in your interest.
We encourage full financial disclosure. However, it tis the parties' prerogative to do so or not. The more forthcoming you are, the smoother and expedient the process will be. For a fair outcome and in the interest of all parties, especially the children, full financial disclosure is highly recommended. In certain cases, the parties themselves mutually decide the contents of the cumulative assets to be divided. It’s their prerogative.