Divorce Mediation in New York
Staten Island Divorce Attorney A. Sheralynn Dow
I understand that filling for a divorce is not an easy thing to do. Whether you are in agreement to separate or not, a divorcing couple may carry immense stress due to the complexities that are involved with the process of divorce and the effects it can have on the family. In the event that the couple also has children, determining what decisions are in the best interests of the children can often add another level of complication.
Why Choose Divorce Mediation?
- Put simply: Mediation is often faster, cheaper, and far less stressful than litigation.
Divorce mediation is intended to act as a means of protection for families during the time of a divorce. It provides the platform for families to work through the divorce settlement without the stress and heartache of litigation and heated courtroom battles.
While many assume that painful court proceedings are the only way to work out a solution to an irreparable marriage, this is simply not true, both for cases that do not involve children and for those that do. Parents often know that their divorce will affect their children and will therefore seek to do whatever they can to make the split as pain-free as possible. Mediation may allow you and your spouse to protect your kids from excess emotional trauma during your divorce.
How Can We Reach a Reasonable Compromise in Divorce?
The objective of mediation is simple: to reach a compromising agreement between two spouses who are filing for a divorce.
There are three common goals that will then fall under this understanding of mediation which are:
- To avoid the painful and pricey process of court litigation;
- To reduce the tension and hostility between the couples as much as possible;
- And to establish an agreement that is acceptable by both parties and is legally binding.
Mediation is a means of allowing a couple to divorce within the realms of these three goals listed above. Together, they will sit down with a mediator (or a non-biased third party) and work through the details of the divorce settlement. It is encouraged that each spouse still has their personal divorce attorney present for guidance in these big legal decisions.
The role of the mediator is to help the couples address all issues of the divorce including property division, child custody, child support, alimony, and the like, and to reach an agreement that both can live with.
Why Choose Divorce Mediation?
The rate of divorces today is not something unheard of, in fact nearly half of all marriages in America are ending in a divorce at one point or another. Not only that, but far too many couples are feeling overwhelmed and frustrated with the many costs that are associated with a divorce in the court room. By choosing to work with me, you can rest assured that a reasonable settlement can be reached. I understand how difficult a divorce can be, and by choosing mediation, it may offer you and your spouse the chance to have the uncontested divorce you were hoping for.
Obtain a Staten Island Divorce Lawyer!
Divorce mediation is a reliable solution for divorce for a number of couples who want to keep the conflict to a minimum. Mediation, however, may not be for everyone. There may be some couples who realize they are unable to reach an agreement (contested divorce) through mediation, or simply would rather have the judge decide on their case. If this is the case, I am equipped to represent your legal needs regardless of the circumstances. I am prepared to advocate on your behalf during your divorce, protecting your rights and the wellbeing of your children.
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Why Choose Certified Financial Litigator?
A CFL is not just an attorney; they are professionals who have undergone extensive training in handling the financial aspects of legal issues, especially those related to divorce and complex financial matters. Certified financial litigators have completed comprehensive training and achieved a passing grade on the CFL Exam, ensuring they are well-versed in all aspects of financial law. Choosing an attorney with a CFL certification means you're opting for an expert with a deep understanding of financial issues that may arise during legal proceedings. These attorneys can provide advice and guidance based on a thorough knowledge of financial concepts and regulations.
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Do I Need to Live in New York to File for Divorce in New York?
Before you can obtain a divorce in New York State, you must meet one of the following residency requirements:
- The parties resided in New York as husband and wife, and either party lived in New York for one year or more prior to filing.
- The cause of action occurred in New York, and either party lived in New York for one year or more prior to filing.
- The cause of action occurred in New York, and both parties live in New York at the time of filing.
- Either party has lived in New York for two years or more prior to filing.
The court cannot maintain jurisdiction over a divorce action unless one of these five residency requirements exists. Any challenge to residency must be raised during the divorce proceedings, and will not be entertained post judgment.
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I Just Got Served With a Temporary Order of Protection, Does This Mean That I Cannot See or Call My Children?If you have been served with a Temporary Order of Protection, you need to be careful about the interaction you have with the person protected by that order. It is important for you to review the terms of that order with an experienced family law attorney before you do anything. This will ensure that you are conducting yourself in accordance with the terms of the order and that you remain free of the threat of criminal prosecution.
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