Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

Posts tagged "Divorce Mediation"

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.

Attending mediation for child custody can be helpful

Married couples in New York generally live together and each play a role in raising their children. One parent may work more than the other and one may spend more time with the children, but generally even parents are involved in their children's lives. This is why it can be so difficult when couples divorce. Parents are no longer able to see their children every day and this can be a difficult situation for both the parents and the children. So, child custody decisions can be very emotional.

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.

Basics of collaborative divorce in New York

Many more marriages in New York are now ending in divorce. There are many different reasons for this trend, but it does not matter why, if a couple decides to divorce they still must resolve all the same issues. These include child custody and child support determinations if they have minor children, potentially spousal support and every couple must divide their marital assets. How they resolve these determinations, depends on the couple though.

Couples may be able to better resolve their divorce than a judge

When people in New York are married, they often times make compromises in order to make the marriage work. Many times they may not be happy to do so, but ultimately they do it. When a couple is going through a divorce they may no longer have any incentive to compromise or reach agreements with their spouse. However, if they do not reach agreements, the alternative is that a judge will make the decisions for them. Some divorces do end with a trial, but many couples want to avoid litigation if possible.

Mediators cannot pick sides in a divorce mediation

People in New York have many stressful moments throughout their marriages. These stressful situations can lead to fights and disagreements, which sometimes become too much to overcome. These situations may lead to divorces, which generally are just as stressful if not more stressful than the situations that arose during the marriage. Not surprisingly divorce can also lead to many more disagreements and fights as well.

How to have a successful divorce mediation

Many couples will be dealing with difficult issues in a divorce, including child custody determinations, child support, alimony and dividing the couples' assets and debts. During the marriage, all of these issues were shared, but during the divorce process, people quickly realize that dividing one life into two separate lives is not always an easy task.

Using divorce mediation to equitably divide assets in a divorce

Over time couples in New York tend to acquire more and more assets. These assets could just be various household goods, tools and other stuff that ends up in storage in garages and basements. Couples also acquire and grow more valuable assets, such as bank accounts, retirement accounts, investment accounts, collectibles and other valuable monetary assets. The more assets a couple acquires during the marriage, the more it can make dividing these assets more difficult if they divorce.

Role of the mediator vs. role of attorneys in divorce mediation

Our readers may know from previous posts here that divorce mediation may be a useful tool for many couples who are going through a divorce. There are many decisions that need to be made about their children, finances and other issues. Since, in most divorce cases, things are not going smoothly for the couple to begin with, addressing these issues can be difficult. But, a mediator may be able to help a couple reach agreements even in very contentious situations.

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