If you are getting divorced, you may be wondering about your various options. One of the most popular options when it comes to divorce is mediation. Read on to learn more about mediated divorces.
What is the Difference Between Mediation and Litigation?
Mediation allows both spouses to work together and engage in healthy negotiations regarding the terms of their divorce. This can include matters such as child custody, child support, the division of assets, and alimony. This process takes place outside of the court and is guided by a neutral third party. Litigation, on the other hand, takes place in court and the matters of the divorce will be decided by a judge.
Why Do Couples Choose Mediation?
Mediation is a very popular method of divorce. This is because it offers some of the following benefits:
- Control: Mediation allows spouses to have control over the decisions made regarding their divorce. With a divorce through trial, a judge makes all decisions regarding the marital issues.
- Confidentiality: Mediation is confidential. Neither spouse nor the third party is allowed to publicly share anything discussed during mediation or use the information against one another. Mediation can also be more private because matters determined during litigation can become public record.
- Speed: Mediation is often a quicker process than other divorce methods.
- Cost: Unlike divorcing through litigation, mediation is cost-friendly. Divorce through litigation is usually expensive for both the couple and the state of New York.
- Choice: Because mediation is a voluntary process, it tends to involve more cooperation and open communication.
How is a Mediated Divorce Finalized?
There are a few steps that must be taken so that the process of mediation can come to a close. When spouses are done settling the terms of their divorce, the mediator can draft a Memorandum of Understanding. This details the decisions they made. This will be given to each party’s attorney so they can create a Matrimonial Settlement Agreement. Once this is signed by both parties, the couple can go to court as an uncontested divorce and a judge can finalize the divorce.
In order to determine the best divorce process for your unique situation, contact an experienced attorney. Our firm is here to address any questions or concerns you may have. Reach out today to speak with a knowledgeable and dedicated divorce attorney.
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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.
