What Issues Are Addressed During Mediation in New York?
Mediation is a less contentious way to dissolve a marriage when compared to traditional litigation. It offers the couple a chance to resolve their differences with the help of a skilled neutral third party who facilitates discussion and helps the process of negotiation. Couples can resolve all the same issues that traditional litigation allows you to resolve, but the environment is less adversarial and friendlier. In this article, the Rockland County, NY divorce lawyers at the Law Office of Robert S. Sunshine will discuss what issues you can resolve in divorce mediation.
Division of marital property and debts
One of the most important issues to be addressed during a divorce is: what happens to the couple’s shared assets once the marriage is dissolved. New York follows the principle of equitable distribution. This means that the marital estate will be divided fairly, although not necessarily evenly. In mediation, couples can work together to decide how to divide their property including real estate, bank accounts, retirement accounts, other assets, and outstanding debts.
Spousal support (alimony)
Another key issue that is addressed in mediation is spousal maintenance (also known as alimony). New York law determines spousal maintenance based on factors such as the length of the marriage, the financial circumstances of each spouse, and the standard of living the couple established during the marriage. Mediation offers the couple a means of negotiating spousal maintenance in a way that’s fair to both parties. In mediation, the spouses can agree on the amount and duration of spousal support with the mediator explaining the law and how it’s applied in these cases.
Child custody and child support
Couples with minor children need to address the issues of child custody and child support payments. These can be among the most emotionally charged issues emerging from the divorce process. In New York, the courts prioritize the best interests of the children when determining custody and support arrangements. However, mediation allows the parents to take a more active role in deciding what is best for their own children without battling in front of a judge and making accusations about the other parent.
In mediation, parents can negotiate custody arrangements that account for the needs of both the children and themselves. This includes whether the couple will share custody, what the visitation schedule will look like, and decision-making authority over key issues such as education, healthcare, and religious upbringing.
In addition, parents can discuss child support payments which ensure that the financial needs of the child are met. Mediation tends to promote cooperation which is essential for co-parents following a divorce.
Talk to a Rockland County, NY Divorce Mediation Attorney Today
The Law Office of Robert S. Sunshine represents the interests of divorcing couples in Rockland County. If you’re interested in mediation, please don’t hesitate to give us a call. We have helped hundreds of couples untie the knot amicably, privately, and cooperatively. Call our Westchester County family lawyers today to learn more.
