The surprising answer is no. At almost every step of the divorce litigation if the couple decides they want to try mediation, they can. Also, a couple in litigation can use mediation for certain issues. Let’s say the main conflict is over asset division, and that’s really why the couple is in court. They can shift that issue or another issue such as child custody to mediation and leave just one court issue to the court to deal with.
Bari Zell Weinberger is the owner and managing partner of Weinberger Divorce & Family Law Group in New Jersey. She is certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney.