Divorce Mediation – The Basics
Divorce Mediation is a common method of ending a marriage in the state of New York. Divorce Mediation in New York can be done by any licensed professional divorce attorney. The cost for divorce mediation is usually between four to eight hundred dollars. The cost range would include the cost for one-to-four sessions, the initial meeting of an Arbitration Committee, the preparation of a Settlement Agreement and the filing of the official Divorce Complaint.
Divorce Mediation in New York starts with a review of the parties’ marital problems, property holdings, children, issues involved with the divorce, insurance policies, trusts, alimony, and all other related issues. Once all the issues involved are reviewed and all are “clarified”, the marriage party (the person seeking the divorce) makes an appointment with a Divorce Mediation Attorney. During this appointment, the Divorce Mediation Attorney will begin an investigation of the facts and circumstances of the parties’ situation. The goal of the Divorce Mediation is to arrive at a reasonable Agreement that both parties can agree upon, and that the court can approve.
The goal of the Divorce Mediation process is not to decide which party is “right”, or “wrong”, but to find a middle ground that satisfies the needs of both parties and satisfies the court’s requirements for proceeding with divorce litigation. When you hire a Divorce Mediation Attorney, you will not have to worry about any of the time-consuming issues involved in going to court. Your attorney is there to provide you with an objective and impartial third-party point of view.
If you are going through a difficult time in the marital relationship, the Divorce Mediation process can be very helpful. There are many common questions that arise during Divorce Mediation that divorcing couples have no experience dealing with. One of the most common questions, of course, is who gets what (if any) of their marital assets? The answer to this question varies greatly depending on each situation. In some cases, one spouse is completely innocent of any wrongdoing, while in other cases, one spouse is guilty of some wrongdoing that has caused the other spouse to become financially ruined. In either case, it is wise to have the other spouse fully informed about any assets or monies that may belong to them that may be subject to forfeiture during the Divorce Mediation.
Most lawyers who handle divorce mediation proceedings will be familiar with this “who gets what” issue, but it is still important to ask your lawyer about it when your initial consultation is over. This way, if there is any chance that your concerns are not addressed properly during the mediation process, you will have the information at your fingertips to pursue your litigation. The vast majority of divorcing couples who use the Divorce Mediation process will end up coming to an agreement about who gets what after their negotiations. Again, it is advisable for you to discuss this issue openly with your lawyer.
Divorce Mediation does not have a final judgment when it comes to the distribution of any funds following the conclusion of the Divorce Mediation. Once the paperwork is signed and the final divorce decree is filed, both parties are legally required to pay for their own reasonable attorney’s fees and court costs. The Divorce Mediation Office can advise you of any applicable deadline deadlines for filing fees and other legal fees, but you should always seek the advice of your attorney before you spend money on these fees. Many Divorce Mediation Attorneys will also allow you to pay your attorney fees in full at this time.
Many people believe that they can avoid spending time and money in the Divorce Mediation by just hiring their spouse’s attorney. This may not be a good idea. While you will likely be able to avoid many of the expenses that occur during litigation (including those that are likely to be related to the conduct of the Divorce Mediation), you may not be able to avoid some of the other issues that may come up after the dissolution. As noted above, most Mediation outcomes result in an agreement that the spouses can agree upon, which means that the parties generally do not have to litigate any issues out of court.
As with all matters of marital litigation, a divorce mediator plays a significant role. In many instances, mediation results in an agreement that both spouses can agree upon, such as a reasonable division of the assets of each spouse. In other cases, a mediator may also help to ameliorate an existing problem between the spouses, such as spousal abuse. If a dispute does not come to a successful resolution through the Divorce Mediation, then your lawyer will decide whether or not to take the matter to court. Therefore, it is important that you find a suitable and experienced mediator who will work with you to ensure that your divorce mediation outcome is one you can live with.