Divorce can be a tremendously difficult experience, both emotionally and financially. Many couples have misconceptions about the process and might not be aware that there are alternatives to a courtroom battle. Pursuing an uncontested divorce through mediation can be a cost-effective and financially beneficial solution for many spouses. Mediation is a voluntary process in which couples work together to resolve conflicts which can arise in a divorce. When both parties can agree to the terms and conditions of their divorce without the need for litigation, divorce can be a relatively simple process.
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During mediation, both parties of the divorce meet with a trained, neutral mediator who will attempt to facilitate a plan for the family. The mediator will not play the role of a judge and makes no decisions. Instead, a mediator will allow both parties to speak and represent themselves in order to reach agreements. Attending mediation opens the lines of communication between spouses regarding issues directly concerning their divorce, gives them the opportunity to resolve conflicts, and can create a mutual agreement that works best for the entire family.
Every facet of a divorce can be resolved through mediation including issues surrounding child support, child custody, spousal support and the division of property. Once an agreement is met, it will be sent to the Court, and with the Court’s approval, can be made a Court Order. If both spouses are unable to come to an agreement, the case can be sent to court where any remaining issues will be resolved by a judge. Even when two spouses cannot resolve every issue, mediation can still facilitate many agreements, making the process simpler.
Couples who are able to reach decisions and resolve disputes on their own will have more control and flexibility when setting the exact terms of a divorce. When a case goes to court and is left up to a judge, control is taken out of the spouse's hands and neither party may receive what they want. This can be especially important when children are involved. Judges will decide issues of child custody based on what is in the best interest of the child, meaning concerns of the parents are generally be considered later if at all.
Benefits of mediation can include:
Divorce, mediation, and family law can be complex and if you have any questions about what is in the best interest of your family, do not hesitate to contact our Long Island family lawyers. Every family will have a unique situation and what is best for you will depend largely on your financial situation, goals, and the needs of your children.
At Hedayati Law Group, P.C., our team can sit down with both parties to try to resolve all the issues and concerns between loved ones and spouses. If you and your spouse are considering mediation as an option for divorce, our Long Island family law attorneys are here to help. Our legal team has spent nearly a century providing attentive and effective family law service for countless clients around New York. We are deeply committed to providing compassionate legal advocacy and our firm has received outstanding praise from our past clients. Whether you have questions about what options may be right for your family, or you have already decided to pursue mediation, you can trust us to provide seasoned insight during this difficult time.
Call us or fill out an online consultation form to learn more about how we can assist you.