Mediation is one of the most inexpensive ways to get through a divorce. When minor children are involved, it sets you up for successful co-parenting. Litigation is traumatic, ugly, and expensive, and tends to create a situation where you lose control of the process and put your fate into the hands of a judge instead of in the hands of the people who intimately understand your family and family situation.
During the mediation process, we’ll advise you on the domestic relations laws of the State of New York. We can essentially show you what the best case and worst case scenarios are for any given divorce case, and then guide you to some solution in between the two that works for your family.
You can always tell us what’s most important to you to protect. For example, if you built a business up from scratch it’s reasonable to want to maintain ownership and control of that business. You just have to be ready to give something else up in return.
The Mediation Process
We start with a private meeting where both parties are present. Both parties offer information on the family situation, as well as what each party would like to achieve during the course of the divorce. Our attorneys will help you understand the law.
We will then guide you through organized, progressive discussions aimed at settling all of the major issues on divorce. We can help you develop custody and parenting schedules that work, and which will be within the best interests of your child. We can help you come up with ways to divide non-liquid assets that retain the values of those assets.
Often creative solutions exist which couples don’t even realize are possible under the law. Once they know, they are empowered to resolve their divorce case peacefully.
The major issues of a divorce are:
- Equitable Distribution
- Spousal Support
- Parenting Time
- Child Support
- Payment of Legal Fees
Once we’ve come to a resolution on all six issues, we draft a Stipulation of Settlement or Separation Agreement for both parties to review. We encourage each party to have their own attorney to review the agreement with.
Assuming the terms of the agreement match the agreed-upon terms both parties will sign the agreements. The divorce then gets filed with the courts and is reviewed and signed by a judge. You can feel confident that your agreement will be acceptable to New York courts, and enforceable by them, because you’ve had legal guidance at every step of the process.
Both parties are then free to move on with their life without the specter of divorce litigation looming over them. Neither party is left financially devastated, or unable to pursue relations with their children. While it is not the right solution in all scenarios, it is a good one for most.
Set up your mediation session by calling (516) 679-4300 today.