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Resolving disputes creatively

Why should New York couples choose an alternate divorce method?

Finalizing a divorce in New York may involve addressing many tricky issues, and residents may not be aware of many of these issues, such as how much alimony or child support should be paid, how to write a parenting plan and so on. An ordinary resident with little or no knowledge of family law may find it difficult to understand many aspects of a divorce.

Even if a resident does their best to get all of the information they can about their legal options, chances are some of the finer points of law may have been missed. However, the collaborative divorce process allows each spouse to be represented by an attorney, who will ensure that all the tricky matters associated with divorce are addressed. The lawyer for each party obtains all the necessary information, and these attorneys also ensure that experts, such as financial and mental health professionals, are brought into the process when required. A divorce mediator helps in resolving divorce issues amicably.

Unlike collaborative divorce, a mediated divorce is processed through the courts by the couple. Good mediators provide sound legal advice from the very start, but in every situation the two spouses must be ready to negotiate every issue. The mediator will facilitate the dialog and meditation works quite well for couples who are emotionally mature enough to handle divorce issues. However, for many who are not willing to cooperate, the process can be quite challenging.

In cases where one partner may still be deeply involved, chances are emotions will run high which will not lead to fruitful negotiations. Mediation is based on the free exchange of information between all parties. Sometimes, however, despite efforts by spouses to handle a divorce, these matters can become complicated.

Source: NYCourts.Gov, "The Collaborative Family Law Center," Accessed on Jan. 30, 2015

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