Will the judge make the decisions in my divorce?
The ending of a relationship as serious as a marriage is very rarely easy for those involved. When a divorce takes place, a wide range of factors in each spouse’s life will change and that can be quite stressful for some. There are a number of different types of divorce that a couple can choose from. Some options allow the couple to have more control over the decisions that are made than other types of divorce do.
In a mediated divorce, the couple has the chance to sit down in a conference room, each with their own attorney and a joint mediator to make decisions such as the division of assets, distribution of debts, child custody arrangements, and sometimes even spousal support payments. Sometimes, the couple will get divorced in a courtroom but will have already made these decisions on their own. However, there is such bad blood between some couples that they refuse to communicate with each other and therefore, have not been able to discuss what should be done with any of the marital assets or what arrangements should be made for the children.
In this situation, the couple may want to have the judge make decisions for them. However, a judge obviously doesn’t know about all of the emotional ties each spouse has to certain items. Judges never want to have to make decisions that can be devastating for a family so they always prefer it when the couple comes in knowing what they want. As far as children go, the judge will make decisions based on what the statistics show may be in the best interest of the child. If you have questions about your divorce options, contact an experienced divorce and family law attorney today who can provide you with assistance during this difficult time.
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.