Alternative Methods of Divorce in New York

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Alternative Methods of Divorce in New York

Couples going through a divorce often want to do so outside of a courtroom to avoid litigation. Because of this, there are alternative methods to divorce available to couples that do not require a trial. While it is not always possible for all couples, some are able to come to agreements without the assistance of a judge. These alternatives allow couples the opportunity to reach conclusions regarding their marital issues on their own through peaceful discussions. These discussions pertain to issues such as child support, child custody, the division of assets, and alimony.

Mediated Divorce

A commonly alternative method of divorce that is used is the process of mediation. During mediation, spouses come together to negotiate the terms of their divorce and how they wish to arrange their marital issues. Mediation exists place with the assistance of an unbiased third party. This third party is there to mediate any disagreements and guide the spouses towards solutions that are in their best interest.

Once a couple concludes this process and makes their decisions, the mediator drafts an agreement for them to sign. This document is presented to the court for review. If the court agrees with the couple’s arrangements, they may be granted a Judgement of Divorce.

It is important to know there is no set duration for mediation. There are no time constraints put upon the spouses to meet a deadline and it can last for as long as a couple needs to settle upon an agreement. This allows them to take their time figuring out the matters at hand.

Collaborative Divorce

A collaborative divorce consists of a series of four-way meetings. This gives spouses the opportunity to communicate with one another and settle their marital issues. These meetings are different than mediation, as the negotiations are guided by the spouses’ attorneys instead. They help guide the spouses to amicable decisions.

Collaborative divorces are supported by a Participation Agreement. This is a document signed by both spouses and their attorneys, detailing each individual’s obligations during the process. It requires them to put in the necessary effort to make the process work. When this is signed by the attorneys, it prevents them from representing their clients if the process does not work. This also holds them responsible for putting in the effort to ensure the success of their clients.

Arbitration

Another option for divorce outside of litigation is arbitration. Similar to mediation, this process also requires the assistance of a third party. However, unlike mediation, this third party acts as a judge during the proceedings. They are able to make all of the necessary final decisions regarding the couple’s marital issues.

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If you or someone you know is going through a divorce, contact The Law Offices of Susan A. Kassel, P.C. today.

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.

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We have an excellent AVVO rating from our many happy clients

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What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne

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The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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