When a relationship is no longer viable, the separation of a couple often produces anger, hurt, emotional pain and anxiety. As a mediator it is my task to acknowledge and address these issues. My role is to help the parties move beyond the hurt and focus on a mutually acceptable resolution of all the issues facing them.
Mediation resolves the issues of divorce peaceably
Divorce mediation can help a couple focus on the issues. This will help them to arrive at a mutually agreeable written agreement. By removing the anger we are better able to reach an agreement that is in the best interests of the couple and any children they have.
No-Fault Divorce is Allowed in New York
In October 2010, the State of New York passed a No-Fault Divorce law, which no longer requires the allegations of grounds (abandonment, adultery, cruel and inhuman treatment, indignities among some of the grounds). The new law adds irretrievable breakdown of the marriage for 6 months or more with the filing of a separation agreement. You no longer have to wait one year.
The new law has also made significant changes in the guidelines for child support and the payment of capital gains on the sale of homes which have been used as the principal residence.
Reaching A Separation Agreement
A Separation Agreement must state that the spouses have resolved all financial issues regarding Equitable Distribution of their marital property. This property division includes all real estate, cars, household goods, art, sporting equipment, and other personal property acquired during the marriage. It also includes spousal support, health insurance and child support, and custody, among other items.
Once mediation is complete, I will draft a legal agreement called the a Stipulation of Settlement. This agreement can be incorporated into the divorce papers by the attorney who is filing the divorce petition. I will supply the names of several attorneys, all of whom have agreed to take the mediation agreement as written. Their role will then be to file the necessary court documents at a very reasonable fee.
By using the mediation process, thousands of dollars are saved. We eliminate the long and tedious negotiations between the lawyers, each trying to obtain good results for his or her client. This is done without regard to the well being of the parties and the other members of the family.
Mediation and the Kids
Mediation is also a good tool for helping children of a marriage to cope with the divorce. Mediation can prevent the children being a go-between or feeling conflicting loyalties. By removing the stress and conflict from the situation the children are less likely to feel that they are responsible for the emotional well being of their parents.
Mediation has proven to be the most effective way to lessen the stress, streamline the divorce and save thousands and thousands of dollars that may then be spent on the family needs going forward.
If you are interested in mediation for your divorce, please call me at (917) 415-7581 or . We can discuss your situation to see if we’re a good fit.