Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

Posts tagged "Divorce Mediation"

Is divorce mediation a good option for your legal case?

Our readers in New York may be used to seeing divorce disputes portrayed on TV and in movies as highly contested affairs with dramatic courtroom action. However, the reality is far different. Although there certainly are times when courtroom litigation is necessary and appropriate in some divorce cases, many of these types of cases are settled in a far less dramatic fashion. Divorce mediation may be an option for many couples in New York.

Spousal support basics in New York

Spousal support can be an important concern for divorcing couples to resolve. Because of its importance, it is helpful for divorcing couples to understand how spousal support is determined so the spouses know how long they will need to pay spousal support and how long they will receive spousal support.

What is an uncontested divorce?

An uncontested divorce is one option for divorcing couples to consider if they agree to the divorce and can agree on the major issues related to their divorce. During any divorce, divorcing couples will need to resolve divorce-related concerns including property division, child support, alimony and child custody and different family law resources can help them do that.

Considering mediation as a resource during divorce

The end of a marriage can be a difficult time for divorcing couples which is why they should be familiar with all of the family law resources available to help guide them through the process. Divorce mediation is one option for divorcing couples to consider in lieu of traditional divorce litigation which can be less time consuming, costly and acrimonious in some circumstances.

Confidentiality of the divorce mediation process

When divorces start in New York, the couple can be in very different places in terms of their willingness to accept the process. They also may be in different places in terms of how they would like to resolve the divorce. Especially early on when emotions are running high, people may want to fight everything and not give the other one anything. However, most likely that will not happen and whether a judge orders it or the parties agree, both sides will most likely concede something.

Collaborative divorce can be faster and cheaper than litigation

When people in New York go through the divorce process, they generally have different emotions. There could be sadness, anger, regret, anxiety about the future and other emotions as well. While going through these emotions the people involved also need to make some very important decisions as the parties go through the divorce process. They must separate one shared life into two separate lives and that is not always an easy process, especially when the couple has children they will continue to raise.

Who makes the final decisions in a divorce mediation?

During a marriage in New York, couples will have disagreements about various issues that arise or simply get on each other's nerves from time to time. The couples usually are able to work through these disagreements, but that is not always the cases and many couples go through divorces each year. The divorce usually results in even more disagreements about how the couple will divide their assets, decide custody and visitation with their children, determine child support and other issues.

The main differences between mediation and collaborative divorce

There are many divorce cases each year in New York and each one is unique. Everyone's lives are different and so it follows that when people separate their lives through a divorce, the outcomes will also be different. Also, how people reach the final outcomes of their divorces differ as well. People can work out their differences on their own, they could use divorce mediation or the collaborative divorce process or people can litigate their differences and have a judge decide the outcome after a trial.

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.

Divorce mediators must be educated in all aspects of divorce

If a couple going through a divorce utilizes a divorce mediator to help them reach agreements in a divorce, they expect the mediator to be knowledgeable. That is why divorce mediators are required to be educated in the various issues that arise in a divorce.

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