Alternative Divorce Methods in New York
When a couple decides to divorce, they sometimes want to go through the proceedings outside of a courtroom to avoid litigation. Because of this, there are alternative methods to divorce available to couples that do not require a trial. While it is not always possible for all couples, some are able to determine their divorce arrangements without the assistance of a judge. These alternative methods allow couples to reach conclusions regarding their marital issues on their own through healthy discussions. These discussions pertain to issues such as child support, child custody, the division of assets, and alimony.
A common alternative method of divorce used by couples is mediation. During mediation, spouses come together to negotiate the terms of their divorce and how they wish to arrange their marital issues. This is done with the help of an unbiased third party. This person mediates any disagreements that may take place and guide the spouses towards solutions that are in their best interest.
Once a couple concludes this process and makes their decisions, the mediator drafts an agreement for them to sign. This document is presented to the court for review. If the court agrees with the arrangements, they may be granted a Judgement of Divorce.
It is important to know there is no set length for mediation. It can last for as long as a couple needs to come to agreements. Because of this, there are no time constraints put upon the spouses to meet a deadline. This allows them to take their time handling these matters.
A collaborative divorce exists through a series of four-way meetings. These meetings give spouses the chance to communicate and settle their marital issues. This process is different than mediation, as the negotiations are not guided by a third party but the spouses’ attorneys. They help guide both spouses in reaching amicable decisions.
Collaborative divorces are supported by a Participation Agreement. This is a document signed by both spouses as well as their attorneys. It outlines each individual’s obligations during the process, holding them responsible for putting in the necessary effort to make the process work. When this agreement is signed by the attorneys, it bars them from representing these clients in the event that the process does not work.
Another option for divorce outside of litigation is arbitration. This process also requires the assistance of a third party. However, unlike mediation, this third party acts as a judge during the proceedings. Instead of providing guidance, they are able to make all of the necessary final decisions regarding the couple’s marital issues.
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If you or someone you know is going through a divorce, contact the Law Office of Peter L. Jameson, PLLC. today.
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.