Divorce Mediation Quick Bullet Points (Part 2)
If you’re keen to brush up on your divorce mediation knowledge, but you don’t have enough time to go through all of the blogs and articles on this website, this article could help. Following on from our previous list of bullet-point tips and insights into divorce mediation, this article will cover all of the most important things you need to know about divorce mediation.
Let’s start with the basics:
- Parents can make agreements about which parent can claim children for tax return purposes in the divorce mediation process. As a divorce mediator, Mr. Darren M. Shapiro will always recommend that his clients speak to a tax consultant or advisor about their options when arranging this part of their divorce.
- In New York, the law regarding the equitable distribution of assets and debt requires the courts to separate these things as fairly as possible. However, in mediation, couples can decide whether equal distribution of debts and belongings is right for them, or not. Mediation will give you more control.
- Agreements about the marital residence in a divorce can be discussed during mediation. Usually, in litigation, if a couple can’t decide what should happen to a family home, the judge will simply order for the house to be sold, so that the money can be split between the two parties accordingly.
- If a court has to decide on spousal issues regarding maintenance, they typically refer to the guidelines that exist in the law based on the income of each spouse, and how long the marriage has lasted. The court may also entertain arguments from the lawyers about deviations from guideline amounts. On the other hand, in divorce mediation with a professional like Mr. Darren M. Shapiro, couples can address financial obligations according to their needs.
In divorce mediation, most mediators like Mr. Darren Shapiro can provide a calmer and more relaxing environment for the couple to speak about the topics that they want to cover. For instance, if one party has the option to speak first about a particular subject, the other side will have the option to speak first about the next topic, and so on. Of course, in mediation with the right mediator like Mr. Shapiro, couples can also choose how they want their mediation to go.
- If you run into conflicting points during mediation that you can’t overcome as a group, then you and the other party can think about caucusing instead. This allows both individuals to speak to their mediator individually.
- In mediation, stumbling points can arise regarding how to transition from the financial comfort of a married life to living as a single person. When this happens, it can be important to look for help outside of the parties and the mediator. This might mean getting assistance from financial neutrals or other professionals.
- Couples are free to make agreements through divorce mediation. However, the agreement that you come up with in mediation will also need to be approved by the court. Mediators that are also experienced lawyers, like Darren Shapiro, can help to guide clients to creating properly drafted agreements which are more likely to be approved.
- On divorce papers, the name of Mr. Shapiro can sometimes be presented as the attorney for the plaintiff when a signed agreement is available for the sole purpose of getting an uncontested divorce based on the agreement already made. This is because when an agreement is signed there are no remaining issues of contention between the couple. He will still be a neutral party between the two clients, however. At the same time though, he will be able to work with the court system to obtain a judgment for the divorce.
Dealing with child custody and support agreements is one of the toughest parts of any divorce, whether the clients are using divorce mediation or litigation.
- Agreements that concern children need to be made according to the Best Interests of those children. While couples in mediation can agree on things like support and parenting time, the courts will have discretion on whether to approve those things or not. The court could reject the agreements if they do not believe that they are in the best interests of the children. It is important therefore to consider the language of the settlement agreement carefully.
- Mediated agreements about child support will not necessarily cover just how much money one parent will pay the other. It’s also possible to cover topics like health insurance for children, and how childcare expenses will be distributed between both parties.
- Parents who are not married can also use mediation to discuss issues like child support. However, to receive a binding order, it will be important to draft an agreement and petition the family court about that agreement.
To learn more about child support, divorce mediation, and other issues to do with family law, visit the other blog pages on this website, or stay tuned for our next bullet-point series. In the meantime, if you need help from a professional mediator or divorce lawyer, contact Darren Shapiro today at (516) 333-6555.