What is a typical divorce mediation like in Long Island?
If you and your spouse have decided to get a divorce, you might be thinking about going through divorce mediation. However, you might not be sure of what to expect from divorce remediation in Long Island. Even though every marriage and therefore every divorce are different, these are some of the basic things that you can expect from a typical divorce mediation in Long Island.
Have an Initial Consultation
First of all, you will sit down with your spouse and a mediator for your initial consultation. For those who are getting divorced in New York, you will be offered a half hour consultation without having to pay any fee. During this consultation, you will get a chance to speak to the mediator and learn a little more about the mediation process. The mediator can also talk to you and your spouse to get a feel for the basics about your marriage and your impending divorce.
You are welcome to go in for this consultation and then leave. This can give you a chance to determine if going through with mediation is a good idea. Alternatively, you might decide that you would rather hire an attorney and handle your divorce that way.
If you do decide that you would like to go through with mediation after your consultation, your mediator might be willing to get started right away. if this is the case, these are some of the basic steps that you will probably go through while sorting out your divorce.
Determine the Grounds for the Divorce
First of all, the mediator will talk to you and your spouse about the grounds on which you would like to file your divorce. For example, you could choose to file for divorce on the grounds of adultery or abandonment. If you and your spouse have decided together that you would like to get a divorce, you should know that you can file on the grounds of a no-fault divorce. Basically, this just means that you and your spouse’s marriage has been irretrievably broken for a period of six months or longer. Of course, when you actually file for divorce, one of you will have to file as the plaintiff, while the other will have to file as the defendant. However, the filing will state that no one person is actually at fault in the divorce. When you talk to your mediator about the general reasons for your divorce, he or she can help you with determining whether your divorce is a no-fault divorce or if there is a reason.
Make Decisions Related to Child Custody
If you have children together, you and your spouse will need to come to an agreement about matters related to the custody of your children. This is something that the mediator can help you with. For example, you will have to determine there will be sole custody or shared custody. You will also need to come up with an agreement about things like regular visits. Your mediator will help you determine the best custody arrangement and will help you document things like visitation schedules with the goal being what is in the best interest of the children.
Of course, in most divorces, finances do come into play. If you or your spouse depends on the other for financial support, alimony might be discussed. Child support is another thing that will have to be talked about. Additionally, you will have to determine what money and assets you have between you and how these things will be divided. A mediator can help with everything from dividing the marital bank accounts to determining who will keep the house and the furniture. A mediator will work with you and your spouse to help you come up with a fair division of assets so that you will both walk away with what you are entitled to.
As you can see, the process of a typical divorce mediation in Long Island is broken down into steps. If you and your spouse are on pretty good terms and would like to talk things out with the help of a mediator, then mediation might be the right choice for you. However, many people find that they feel more confident during this difficult time when they have an experienced New York divorce lawyer by their side. If you meet with an attorney, he or she can tell you more about the benefits of having an attorney rather than working with a mediator. Then, if you choose to hire an attorney, he or she can begin working on your divorce case right away.