When you decide to dissolve your marriage, there is a common misconception that it has to be a contentious battle. However, if you can put your emotions aside and work with your spouse you can avoid the pitfalls of litigation, including the expense, time spent, and emotional toll. Divorce mediation is gaining traction as one of the most utilized divorce routes in New York. Please continue reading to learn how you can handle the division of your property in mediation and how our seasoned Suffolk County Divorce Mediation Attorneys can help during these matters.
What is Divorce Mediation?
Divorce mediation is an alternative dispute resolution process in which you and your spouse meet with a neutral third party, known as a mediator, to discuss marital issues and work toward a mutually beneficial agreement. Through this collaborative process, couples will resolve their disputed issues and agree to the terms that will apply to the termination of their marriage. Without taking sides, offering legal advice, or imposing solutions, a divorce mediator will work with you and your former spouse to negotiate a settlement that is in the best interest of you and your family. It’s important to note that this non-adversarial process is only possible if you and your spouse are willing to work amicably together.
How is Asset Division Handled in Mediation?
In New York, assets are divided according to the principle known as equitable distribution. When couples cannot decide on how to handle these matters on their own, a judge will determine how to split a couple’s marital assets. The court will consider each party’s contributions to the marriage. As such, through equitable distribution, marital assets are divided fairly, not necessarily equally.
When you decide to undergo divorce mediation, you will retain more control over how assets and debts are divided. This provides more flexibility, allowing you to negotiate these matters to reach a fair and balanced distribution of assets. For instance, if you want to keep your family home, you can offer up another asset with equal market value in exchange. If you are willing to compromise when it comes to property division, you increase your chances of reaching a mutually satisfactory agreement.
As you can see, divorce mediation can be a good option for those looking to avoid litigation. If you and your spouse are considering this alternative dispute resolution process or believe that mediation would best fit your situation, please don’t hesitate to contact a dedicated Suffolk County divorce mediation attorney. At The Law Offices of Susan A. Kassel, P.C., we are prepared to discuss if mediation is right for you and advise you of your legal rights. Connect with our firm today to discuss the circumstances of your case.
