Alternative Methods of Divorce in New York
If you are entering into the divorce process, there are a few things you should know first. For example, just because you and your husband cannot agree on the terms of your divorce does not mean that must go through the litigation process. There are other means of divorce, and you may not have to choose the messiest. If you are interested in alternative means of divorce available in New York State, here are some of the questions you may have:
What is the litigation process like?
If you and your spouse cannot agree upon the terms of your divorce, you may enter the process of litigation. In this process, both you and your spouse will state your case in a courtroom, and either a judge or a jury will determine the terms of your divorce. This process is very often both more expensive and more emotionally exhaustive. You may have to make several appearances in court, and you very often will not achieve the end result you desire. Additionally, the litigation process is sometimes more impactful on your children, as well. If this sounds unappealing, read more about some alternative methods of divorce.
What is mediation?
Essentially, you and your spouse will hire an unbiased third-party mediator. His or her job is to hear both you and your spouse’s requests, and facilitate discussion in an unbiased way from there. The goal of hiring a mediator is to diffuse any tension the litigation process may bring about in a neutral, civilized setting outside of a courtroom. If all goes as planned, both you and your spouse will have efficiently made a successful compromise regarding the terms of your divorce.
What is arbitration?
The hopeful end result of the arbitration process is similar to that of the mediation process. However, arbitration generally involves more than one arbitrator who takes on the role of a privately-paid judge. From there, the two arbitrators will select a third unbiased arbitrator, and they will listen to both you and your spouse. Once you have both stated your case, the arbitrators will then vote on the terms of your divorce. Whether you choose mediation or arbitration, it is important you keep in mind that it is going to be a compromise. You will most likely not get every single thing you want, however, the goal is to achieve end results that will better accommodate you and your spouse’s wishes than the litigation process would.
Contact our experienced New York firm
The Pollack Law Firm, P.C., serving clients in Nassau and Suffolk County, is always available to assist and represent parties in divorce and all other matrimonial and family law matters. Please call today to schedule a free consultation: (516) 938-3330.