Alternative Methods of Divorce in New York State
When couples are facing a divorce, they sometimes wish to handle the process outside of court. This is done to avoid the complications of litigation. Because of this, there are alternative methods available to a couple for divorce proceedings. These alternatives do not require the assistance of the court to settle marital arrangements. Instead, they provide an environment for spouses to work together to settle these matters themselves. While not all couples are able to do this, it can be beneficial for those who are able to work together to make these decisions. This allows couples to reach conclusions through healthy conversations. These discussions pertain to issues such as child support, child custody, the division of assets, and alimony.
A method that is commonly used by couples going through a divorce is the process of mediation. During this, the spouses come together to negotiate the terms of their divorce and reach agreements regarding their future arrangements. This includes how they wish to handle their marital issues. Mediation takes place with the assistance of an unbiased third party. This person exists to mediate any disagreements between the spouses and guide them towards solutions that are best for them.
Once a couple finishes this process and settles their marital issues, the mediator drafts a document outlining these agreements. This must be signed by both spouses and presented to the court for review. If the court agrees with these arrangements, the couple will be granted a Judgement of Divorce.
It is important to know there is no set length of mediation, meaning there are no time constraints to meet a deadline. This allows the process to last as long as a couple needs to settle their marital issues. This allows them to take their time figuring out these sensitive matters.
A collaborative divorce is completed through a series of four-way meetings. During this process, the spouses communicate with one another to settle their marital issues. While similar to mediation, these meetings are guided by the spouses’ attorneys instead of a third party or a judge. They help guide the spouses to the decisions that are in their best interest.
Collaborative divorces are supported by a Participation Agreement. This is a document signed by both spouses and each of their attorneys, outlining each individual’s obligations during the process. This requires them to put in the effort to make the process work. When the attorneys sign it, they are not able to represent their clients in the event that the process does not work.
Another option for divorce outside of court is arbitration. This requires the assistance of a third party as well. However, unlike mediation, this third party acts as a judge during the process. Instead of mediating disagreements and assisting the couple to meet their own agreements, this individual can make all the final decisions regarding their marital issues.
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If you or someone you know is going through a divorce, contact The Pollack Law Firm, P.C. today.
The Pollack Law Firm, P.C. understands that divorce and family law matters can be very complicated and emotional. They require strong legal representation from a compassionate attorney. Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.