Divorcing couples who want more control over the legal proceedings should consider asking help from a mediator, although its success depends on several factors.
If you married in New York, the process of divorce mediation in Long Island would usually require the help of a family lawyer. The same holds in other states in the US In fact, some states even require divorcing couples to under mediation before they could proceed with a court trial.
Both parties should be in favor of the divorce for the mediation to be a successful one. There should also be no history of domestic violence or abuse, or else mediators won’t agree to take on the case.
The reason for this involves the difficulty of knowing that the spouse won’t just agree to the terms out of fear from the other party. Since divorce entails a division of assets, mediation will also depend on the willingness of each spouse to be transparent on their financial affairs.
Most couples don’t have equal knowledge of their family finances over the course of their marriage, and they should be comfortable in sharing such information to the mediator.
Some mediators would first attempt to find a way for couples to reconcile and avoid the possibility of divorce altogether. Unless the reason centers on domestic abuse, there are ways for couples to remain married.
For instance, an extramarital affair often stems from boredom. You or your spouse could easily avoid this by engaging in more time for yourselves, regardless of the constant demands from children and work among other things.
Mediation will not only hasten the process of divorce but will also save money for both parties. As the new tax law makes divorce more expensive in 2019, couples should do their best to remain level-headed during negotiations.