Mediation is a voluntary, cooperative settlement process in which a neutral professional helps you make practical, informed decisions to resolve your differences. It is used frequently and successfully by separating and divorcing couples who want to plan their futures rationally, in an atmosphere of cooperation and mutual respect. With the guidance of a trained mediator, you work together through a series of orderly steps to create a fair and reasonable agreement. The mediator helps you define the issues to be settled, gather and analyze the necessary information, and communicate effectively.
After evaluating your options, you–and only you–make the decisions that become the agreement. The goal of a successful mediation is to reach an agreement that is custom-made for your family, your finances, and your future. At the conclusion of the mediation process you will have a full and complete stipulation of settlement.
Getting a divorce means your marriage is legally over, and you are once again a single person. You are free to remarry and you are in charge of your own finances, plans, and future. If you’re not ready for such a permanent break from your spouse, you can choose separation instead. Separation means you are living apart from your spouse—it’s not a divorce, and you’re still legally married. However, getting separated does affect the financial relationship between you and your spouse. The Agreement deals with custody, visitation, child support, spousal maintenance, asset and debt distribution, health insurance, life insurance, etc. The divorce documents just deal with
In New York, property is divided equitably when a couple divorces. This can result in an equal property division, but it doesn’t always. An equitable property division is one that is fair, considering what each spouse contributed to the marriage and what each spouse will need to move forward.
Equitable distribution is a method for dividing a married couple’s property when they divorce.
New York is an equitable distribution state. When a couple divorces, the court must divide their marital property equitably, or fairly. This doesn’t necessarily require an equal split of the couple’s assets.