Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

What happens when people reach agreements at divorce mediation?

It is very common for couples to have disagreements during a marriage about many different things. People resolve them very differently though and sometimes couples are not able to resolve them at all. When they are not able to resolve them often times that leads to a divorce. Just like there are many ways to resolve disagreements during the marriage there are also different ways to resolve a divorce. The couple could litigate the divorce, utilize the collaborative divorce process or use divorce mediation to reach agreements.

Litigation involves trials and presenting evidence to a judge who then makes decisions for the couple. Collaborative divorce is a process where the couple decides to work together to reach agreements and agree to not use the court process at all. Divorce mediation involves the couple meeting with a third-party neutral mediator who helps the couple negotiate and hopefully reach agreements. However, one thing is true for all options, a judge needs to sign an order to make the divorce official.

The couple may be able to reach agreements for all issues in divorce mediation and they may even sign a written agreement that is binding, but that does not end the process. In order to finalize the divorce, the couple still needs to fill out the appropriate documents and file them with a court so a judge can sign them and officially divorce the couple. It is important that these documents are drafted properly though to ensure that the parties' agreements become official.

More and more marriages are ending in divorce in New York. So, many more couples are facing not only decisions about how to resolve the divorce, but also what process to utilize to resolve the divorce as well. Divorce mediation can be an effective option for many couples though, even for those divorces in which the couple initially does not agree to anything. Experienced attorneys understand the divorce mediation process and may be able to guide one through it.

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Carton & Rosoff PC
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