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Resolving disputes creatively

Finalizing a divorce if a full agreement is reached in mediation

Divorces in New York are oftentimes stressful situations for a family. It is not easy to split up a person's life and oftentimes it is emotional and the couple can be upset with each other. This can make coming to agreements difficult, and there are many issues that a couple must discuss during a divorce. If the couple has children, child custody, parenting time and child support will be issues. All couples must divide assets and debts, and spousal support may be an issue as well.

These are not easy topics and they have a major effect on the family's lives. There are a couple of different ways that a couple can reach a resolution of these important issues. One is to have a judge make these decisions after a trial. Another is to attempt to discuss them on their own and reach a resolution, which may be difficult given the emotions involved in a divorce, or they could use divorce meditation to help facilitate the discussion and negotiation.

Mediation can be a very effective tool to help a couple reach a resolution and keep the costs and stress of divorce lower. If the couple reaches an agreement during a mediation, the mediator will draft up a written version of the agreement. The couple would then need to prepare the required documents for divorce, sign them and then file them with the court. Until those documents are filed with the court and approved by a judge, the divorce will not be final.

There are a few different ways that a couple can resolve a divorce, but mediation could be the best option, depending on the circumstances. However, even if the couple reaches agreements in mediation, the divorce is not finalized yet.

Source: NY State Council on Divorce Mediation, "Frequently Asked Questions" accessed on August 7, 2017

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