Here, I hope to outline some of your options if you are considering divorce.
Mediation: Mediation is a voluntary process where you meet with a neutral party to try and work out all the various issues involved in your divorce including but not limited to: division of assets and debts, spousal support known as maintenance in NY, and child support and custody issues if you children. Your Mediator is there to educate and teach you about divorce law and the way the Courts typically administer these laws. It is up to you and your spouse to communicate and compromise. You can consult with your own attorney at any stage of the process, which is recommended before you sign your separation agreement. Mediation is a good fit for couples who can communicate and are open to compromise.
Out of Court Negotiations: You can also get your own attorney but with the intent of staying out of Court. Both parties are free to file for a divorce and get the Courts involved at any time so this is also a cooperative process – both parties must agree to try and avoid the negatives of a contested divorce. This can be accomplished so long as both attorneys are on board with making an effort to stay out fo Court. Although it is not mandatory, some people sign an Agreement to this end and this is known as…
Collaborative Divorce: Collaborative Divorce is a process where both parties and their respective attorneys sign an agreement that states that if either party files for the divorce, both attorneys will not represent them in court. This agreement helps to put some teeth into the parties’ intentions to avoid litigation and settle the divorce issues out of Court.
Contested Divorce: A contested divorce is when you go to Court and ask a Judge to get involved in determining the divorce issues. Contested divorces are sometimes necessary. There are instances where the parties simply cannot see eye to eye on important issues related to their children or financial issues such as support and dividing property and debts. However, contested divorces can be very time-consuming and consequently, very expensive. That is why you may want to consider some of your other options above if you think that you and your spouse can find an alternative to the time, money, and stress of a contested divorce.
If you are interested in an out-of-court divorce, please contact us today and we are happy to discuss your matter confidentially.