If you are planning on filing for divorce in New York, you may be wondering what the process will look like. The truth is, you have a lot of control over the matter. There are a number of different ways to finalize a divorce. Some couples choose litigation, while others choose to get divorced outside of the court. Read on to learn more about alternative methods of divorce in New York.
What is litigation?
Litigation is a very common process. When a couple gets divorced through the process of litigation, a judge will determine the matters of their divorce. These matters may include child custody, child support, division of assets, spousal support, and more. Litigation is especially helpful when spouses are ending their marriage on difficult terms and cannot work together or agree upon these matters.
What are some alternatives?
Many couples attempt to avoid litigation. This is because litigation can be a long, stressful, and expensive process. As a result, there are a number of alternatives, including:
- Mediated Divorce: This allows couples to negotiate their marital issues with the guidance of an unbiased third party who listens to both sides to help reach amicable agreements. When arrangements are made, the mediator presents them to the court to be approved.
- Collaborative Divorce: This takes place through a series of four-way meetings where spouses are assisted by their attorneys to help find a way to make agreements regarding marital issues.
- Arbitration: This process also involves a third party. However, instead of mediating, they act as a judge who can make the final decisions regarding marital issues on behalf of the spouses.
Some benefits of divorcing outside of the court include:
- Control: Processes like mediation and collaborative divorce put decisions in the hands of you and your spouse.
- Confidentiality: Neither spouse nor the third party is allowed to publicly share anything discussed during these meetings or use the information against one another. Additionally, matters that are settled through the court may become public record.
- Speed: These processes are often faster than litigation because they only take as long as needed.
- Cost: Divorce through litigation is usually expensive for both the couple and the state of New York.
- Choice: Because these processes are voluntary, they tend to involve more cooperation and open communication.
If you are getting divorced in New York, contact our firm today. We are here to advocate for you every step of the way.
CONTACT OUR FIRM
Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.