The state which has jurisdiction over the parties’ divorce dictates whether they ever have to appear in court before a judge. If the couple lives in Pennsylvania, the answer is no. So long as both parties are cooperating with the divorce process and procedure, they never have to go to court in order to obtain a consensual divorce. If the divorcing couple lives in New Jersey, however, a consensual divorce is granted only at a Default Hearing. The word “default” may seem to suggest that one of the parties is not cooperating with the process, however, the term is simply used for the hearing to obtain the Decree in a consensual divorce. One day the Plaintiff will go to court for a very simple proceeding. Your attorney mediator will explain what takes place during the court appearance so that there are no surprises.
Mediation also helps a divorcing couple stay out of court after the Divorce Decree has been granted. Your mediator will assist the parties in making their own well-informed decisions. Research shows that when individuals make their own decisions regarding their Agreement, they are more likely to abide by those decisions. It is much less likely that either party will need to go to court in the future in order to enforce the provisions in their Agreement.