In New York, divorce cases require mediation when couples cannot reach an amicable agreement. This process is the last step before more extreme measures are needed to finalize the divorce. During the process, the couple and their respective attorneys meet to achieve an agreement. A mediation lawyer in Commack understands this process and guides clients throughout the process.
Reviewing the Divorce Agreement
The first step is to review the divorce agreement. Each party points out issues with the terms individually and figures out a way to compromise when necessary. Common problem areas are the division of marital assets, child custody or support, and alimony.
Negotiating Marital Property Division
Negotiations for marital property division begin with any properties owned prior to the marriage. In most instances, the original owner retains ownership of the property. However, to avoid alimony payments, the couple may agree on selling the property and splitting the proceeds. This tactic is used when the earning capacity of either party after the divorce doesn’t provide them with the same standard of living during the marriage. All marital assets acquired during the marriage are divided equally in most cases.
Reaching a Fair Child Custody and Support Arrangement
Child custody often turns into a major battle. Each party believes they should acquire custody and may face difficulties in compromising. However, it is possible to reach a fair agreement in the best interests of the child. The couple reviews the arrangement to achieve equal time with the child. They also review the required values for child support based on New York state laws.
What Happens If Mediation Fails?
If mediation fails, the couple may continue negotiations through their attorney. However, if a settlement isn’t possible, a divorce trial is set. The divorce trial may take up to two years to complete.
In New York, divorce cases proceed to mediation when they are contested. If the defendant contests the divorce, the couple attends mediation to avoid a trial. It provides them with the opportunity to reach an agreement that is fair to both parties. If a divorce trial is needed, the court renders all decisions based on all facts presented. Couples who face these difficulties should hire a mediation lawyer in Commack by contacting Todd J. Zimmer & Associates for more info now.
