Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

Basics of the divorce mediation process

Every married couple in New York has disagreements and fights from time to time. It is human nature to have these types of fights, but eventually after these types of fights the couple is able to reconcile and move forward. For many different reasons though sometimes couples do not reconcile and eventually the marriage ends in divorce. How the divorce proceeds though really depends on the couple and the unique circumstances of their marriage.

Couples going through a divorce must resolve the same issues though. They will need to deal with child custody and parenting time, child support, division of their assets and debts as well as spousal support. The issues will be resolved differently depending on the facts. How the couple resolves them could also be different. The couple could go through litigation and ultimately have a judge make the determinations or the couple could try and resolve the issues themselves through divorce mediation.

Couples who go through mediation meet with a third-party mediator who will help facilitate discussion between the two spouses. During this meeting or meetings depending on the circumstances, the couple will address all the issues that are not agreed on. If the couple is able to reach agreements during the mediation, then they will be written down in a memorandum. However, the couple still needs to draft and fill out the appropriate paperwork to start the divorce and file them with the court along with their agreements.

Just as couples in New York resolve their fights differently while they are married, couples can also resolve their divorce differently as well. Some couples will resolve it through litigation or they could resolve it through mediation. If the couple decides to resolve it through mediation they can write down any agreements they reach and then simply file everything with the court and at that time they will be divorced. Experienced attorneys understand the mediation process and how people can protect their rights through the process.

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Carton & Rosoff PC
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White Plains, NY 10601

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