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No Fault Divorce-Mediation
As of October, 2010 New York is a No-Fault Divorce State. What does this mean to you? Basically getting a divorce is now easier than before. Prior to October 2010, one of the parties had to take fault by admitting Abandonment, Adultery which were among some of the choices. Many couples did not divorce solely for this reason as neither party wanted to admit to fault fearing that admission of fault would have an adverse effect on Child Support, Maintenance, Equitable Distribution, or even Child Custody/Visitation. NOW, each party signs an Affidavit stating that there is an ‘Irretrievable Breakdown’ of the marriage for six (6) months or more AND both have been married for more than six (6) months. As long as all ancillary issues are agreed upon (Child Support, Child Custody, Equitable Distribution, Health Insurance) then all that has to be done is the filing of the No-Fault Pleadings with The Court along with the Agreement and there is no appearance in Court. Presently the Final Divorce is approved, after filing, within 6-12 months depending upon jurisdiction. If there are no children or marital assets, then an official agreement may not even be necessary and just the pleadings with Plaintiff and Defendant Affidavit stating the ‘Irretrievable Breakdown’ of the marriage. However, if there are issues which need to be resolved, then Mediation is the way to go for many reasons. MEDIATION costs an average of $3000.00-$6000.00 per couple (with completed Agreement); LITIGATION (both parties hiring an attorney) can cost an average of $15,000.00-$40,000.00 EACH!!!; MEDIATION process can be completed in 3-6 Sessions. Sometimes more, sometimes less depending on the couple. At 6 sessions, one per week, the process is completed within 2 months. LITIGATION can take MONTHS or even YEARS to complete. MEDIATION, couples have control over the process and the elements of their agreement . Any and all issues can be presented and agreements are geared towards the needs of the couple and/or their children. LITIGATION, a Judge will tell you what to do without any knowledge of the couples personal needs, child’s needs or anything else in particular. In addition, in Court there are issues which may not be able to be presented due to the ‘Rules of Evidence’ and the Judge will make his/her decision based on the limited information you are allowed to present. MEDIATION, both parties are more likely to adhere to an agreement that both agree on rather than someone else telling them what to do. MEDIATION, both parties generally are winners as they are in charge of the process from start to finish. LITIGATION, there is usually only one winner, which means there is one loser. Before you decide to go through the litigation process you owe it to yourself to get more information about the Mediation Process. FREE 30 minute consultation!!!!! Call 516-308-7808 Jeffrey M. Bloom Professional Family Mediator http://www.mymediationservices.com ...read more
By Divorce & Family Mediation November 12, 2012