Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

What happens if a couple resolves a divorce at mediation?

Divorce can be a very difficult and emotional time for people in New York. There may be anger, sadness, anxiety and many other emotions divorcing spouses may go through. However, while this is an emotional time, major decisions must be made as the couple transforms from living together to separate lives.

There are different ways for the couple to resolve their divorce. If things are amicable, the couple may be able to just talk with each other and make the necessary decisions. If this is not the case, which is often true, then the couple could battle over everything in court. However, there is another option. They could attempt to mediate the issues with a mediator present to assist them in resolving divorce issues.

Not all divorces will settle at a mediation, but many people find that it is beneficial and may prefer it to a long court battle. The couple often times will reach an agreement through the process. However, just because the couple comes to an agreement on the issues, it does not automatically end the marriage.

The couple still needs to file their agreement with the court. This is usually accomplished by having the mediator draft up the agreement which is often times referred to as a Marital Settlement Agreement. This document states the terms of the divorce and the couple will sign the document to state that this is what they agreed to. It will then be filed with the court and the divorce will be official.

Some New York couples may find that mediation helps them come together and resolve their differences. If they do resolve all the issues, then the mediator can assist them is drafting the agreement and filing it with the court. That being said, it can help for spouses to retain an attorney, even if they choose mediation, so that they can better understand how the law applies to the decisions they make in the mediation process.

Source: New York State Council on Divorce Mediation, "FAQs" accessed on April 5, 2016

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