Why Should We Take Child Custody Issues to a Mediator?

Dealing with divorce can be stressful, painful and emotional for all those involved. It can be especially traumatic for children. When divorce is imminent, it is a good idea to take child custody issues to a mediator. He or she will do their best to provide a win-win situation for both parents and especially, the children.

Less Traumatic on the Children

One of the best reasons why you should visit child custody and support mediator in New City NY is that it will be less traumatic on your children compared to going to court. A courtroom can be a scary place for children, especially if they do not understand why their parents are getting a divorce.

Less Expensive

Taking your child custody issues to a mediator will also cost you less money than going to court to fight the battle. Even though the mediator cannot make any decisions on your case, or issue binding decisions, he or she will make sure the two parties discuss the matter openly and in a positive way.

Helps Create Working Relationship

When you take a child custody issue to mediation, it helps to create a working relationship between yourself and your former spouse. No one says you have to like your former spouse after divorce, but getting along for the children is very important. Mediation is non-adversarial, which means that both parties involved are trying to figure out what is best for the children, not one-up each other like they do during a divorce.

The bottom line here is that all child custody issues should be taken to a mediator in order to avoid stress and keep the children from being traumatized.

What Doesn’t a Family Lawyer Mediator Do?

As you prepare to enter into divorce proceedings, you might be wondering what a family lawyer mediator does and does not do. You need to be aware of the differences so you can look out for these items during your proceedings.

Family Lawyer Mediator Does Not Decide Case Outcomes

One thing a family lawyer mediator will not do is decide your case. He or she has been hired to simply help mediate the discussion between the two parties, not come to a decision for either side. The mediator will make sure the discussion stays positive, focused on the topic at hand and does not get out of control. The mediator will make suggestions for both sides, but will not make decisions.

Family Lawyer Mediators Do Not Make Binding Decisions

A family law mediator in New City, New York will not make any binding decisions when hired to mediate a divorce. Mediation is never legally binding. It only becomes binding when a settlement agreement has been properly executed as a result of the mediation.

Family Lawyer Mediators Cannot Give Legal Advice

A very important thing to remember when using a family lawyer mediator is the fact that he or she is not allowed to give clients legal advice. A mediator can only give legal advice if he or she is also a barred attorney, which can occur in some instances.

Family lawyer mediators are an important part of the divorce process because they keep discussions calm and focused. They also have the best interests of both parties in mind, hoping to provide a win-win situation for each side.

Do I Really Need a Divorce Mediator?

Divorce is a very stressful legal matter that affects millions of people each year. Not only do you have to come to terms with the end of your marriage, you also need to begin dividing assets and other items with your former spouse. A divorce mediator in Rockland County will make the process as easy as possible for you.

Resolution Out of Court

One of the biggest reasons why you should hire a divorce mediator is the fact that he or she can help resolve the matter outside of court, which means there will be less tension involved. When any legal issue reaches court, the stress and anxiety levels run high. A divorce mediator can keep the battle out of court and keep your stress levels lower.

Divorce Mediator Important When Children Present

A divorce mediator is especially important when there are children involved in the divorce of the couple. Custody battles can turn ugly, but a divorce mediator will be able to help both sides of the divorce discuss custody concerns and reach a fair custody plan. The mediator will also do his or her best to turn a win-lose situation into a win-win situation for all involved.

Stronger After-Divorce Relationship

If you are going through a divorce, it might be a good idea to work with a divorce mediator in order to have a stronger after-divorce relationship because you avoid litigation. This is especially important when there are children involved in the divorce.

A divorce mediator will do everything possible to create a win-win situation for both parties involved, so be sure to contact one today.

Three Signs You Need a Family Law Attorney

Dealing with family law issues can be daunting, especially if you do not have any representation. There are quite a few legal matters in family law you should never try to tackle on your own. This is why you should hire a family law attorney in NY.

Your Spouse Files for Divorce

One of the first signs that you need a family law attorney is that your spouse has filed for divorce or is threatening to file for divorce. This is definitely one legal matter you should never handle on your own. You should also not let your spouse talk you into using their lawyer for the proceedings either. You need to hire your own family law attorney to deal with divorce.

Your Fiancée Asks For a Prenuptial Agreement

If a request has been made for a prenuptial agreement by your fiancée prior to marriage, this is definitely a sign that you need a family law attorney. This is not a document you can draft on your own and hope it works if it is ever needed.

If Children Are Involved

In what is associated with the first sign discussed in this post, if children are involved in your marriage and divorce is imminent, you will need a family law attorney. Custody battles can become fierce during a divorce and only a lawyer will be able to help you navigate the rough waters of a custody battle.

As you can see, there are three major reasons why you might need a family law attorney. This is not an exhaustive list, so be sure to monitor your situation and hire an attorney as needed.

Four Things That Might Jeopardize Your Prenuptial Agreement

A prenuptial agreement is a good planning document, but it is only valuable if it is valid.  In order to ensure that your Westchester County prenuptial agreement is valid, you will need to have it reviewed in full by a legal professional.  Here are the four most common reasons that a prenuptial agreement might be considered null and void.

Fraudulent Agreements

Each spouse is required to provide full disclosure of assets in a Westchester County prenuptial agreement.  If one spouse discovered that the other hid assets, the first spouse may be eligible to argue that the agreement should be thrown out.

Improper Paperwork Filing

The enforceability of a prenuptial agreement can come down to seemingly small details.  Careless or overlooked errors might mean that the agreement is less airtight than you expected.  If it was not drafted and filed properly, the agreement can be rendered invalid.

Signed Sans Legal Representation

Both parties signing a prenup should have their own legal counsel.  It is never a good idea to sign any legal documents without having an attorney review it.

The Agreement is Considered Unfair

If your Westchester County prenuptial agreement has ludicrous provisions inside or is determined to be too unfair, there may be a chance of invalidating it down the road.  This is especially true of agreements that include statements regarding claims that no child support will be paid or provisions about weight gain or hair color.

All of these mistakes can be avoided by going over the document carefully under the guidance of an experienced professional.  It can be surprising and confusing to have a prenuptial agreement thrown out, so do your due diligence.

What are the Difference Between a Post-Nuptial Agreement and a Separation Agreement?

These agreements in Rockland County might end up serving similar purposes, but they are different largely based on the time in which they are used.  To understand which one might work for you, learn about the differences between these three documents.

A post-nuptial agreement is similar to a prenuptial agreement, the primary difference being that a post-nuptial agreement is made while the parties are still married.  The couple might still have a healthy relationship but be interested in getting some clarity on property that would remain separate.   Resolution of key issues in a binding document can help a healthy marriage continue to stay strong.   Sometimes a post-nuptial agreement is made to provide a guarantee that both spouses remain on the health care plan of one spouse if the marriage ends.

A separation agreement in Rockland County, however, is different.  These agreements should contain decisions related to all areas marriage dissolution such as child support, child custody, maintenance, and property division.  If these issues are agreed upon through a separation agreement, usually the divorce can be uncontested if and when the parties decide to file.  A couple will still need to file for divorce before the actual uncontested divorce package can be submitted to the local court, however.   Addressing these concerns in a separation agreement can help expedite the divorce process, if it comes to that.

While both documents have their differences, both can be helpful for addressing possible divorce issues ahead of time.  This gives both parties peace of mind about what to expect if the marriage does eventually dissolve.

Does Party Conduct Influence Equitable Division of Property in NY?

Since New York is an equitable distribution state, the assets of the parties will be divided up “equitably”.   This is done with the concept of considering what the parties contributed towards the marriage.  One of the most important aspects of determining equitable division in New York has to do with determining all of the property linked to the marriage first.  Since property division sets the tone for the future, more often than not parties to a divorce are curious about what will influence the final decision.

In general, misconduct that could be classified as “ordinary” does not influence how marital property is divided up in the courts.  In the event that one party attempts to hide assets to protect them from being divided, the court does have some leeway if this secrecy is uncovered.  The trial court may even decide that NY equitable division in these cases involves giving all of the concealed funds or assets to the other spouse.

If assets have been dissipated in other ways, the court has the authority to rule in a manner that is determined to “fairly compensate” for the dissipation.  This might include situations where a party has caused the other party to sustain a permanent disability or money that has been spent on gambling or drugs.

In short, you need to consult with someone who is experienced in the process of equitable division in NY to determine how property could be divided in your case.  While general misconduct does not influence property awards often, there are exceptions.

What if My Uncontested Divorce Becomes Contested?

Some couples planning to get a divorce in New City, NY intend to pursue an uncontested divorce.  It does happen sometimes, however, that planning to settle quickly does not work out.  There are many reasons why this can happen, but it can be a surprise to learn that the approach you thought you’d be able to take is no longer on the table.

Perhaps your former spouse spoke to friends and family and determined that a contested divorce was a better option.  If you were planning to move forward with terms of agreement you had already reached and your spouse announces a change in plans, you need to educate yourself as quickly as possible about your next steps.

During the process of a divorce, there are numerous issues that must be decided before you can move forward with your life.  These are related to property division, child custody and visitation, and alimony.   Even if you and your spouse thought these issues could be resolved simply, plans and perceptions may change.  The most important thing you can do to protect your interests whether you are involved in a contested or uncontested divorce is to retain legal counsel at the outset.

An experienced professional in your corner can advise you of the specific next steps to take if your divorce elevates from uncontested to contested.   You may need to reconsider your approach and prepare yourself for what the other spouse is likely to ask for.  You will want to brush up on the factors that judges consider in determining final divorce arrangements, too.   An alteration in plans for your divorce can be jarring, but you can help things by educating yourself and preparing for a contested divorce.

Most Common Dilemmas in Child Custody Mediation

Child custody issues are frequently some of the most contentious and complex involved in any divorce.  In order to succeed in mediation, you must be willing to listen to the other side and be open-minded.  Depending on the dynamics of your relationship, several common dilemmas can really throw a wrench into negotiations.  Be aware of issues and ensure that you choose with comfortable in helping you work through complex challenges.

One of the biggest challenges that can erupt during child custody mediation has to do with one or both parties pursuing a new relationship area whether it’s moving to continue a new relationship or getting married again, this can often inflame old emotions very quickly.  This is especially true when the other parent is concerned about his or her ability to maintain a relationship with any children.

Another common issue has to do with having one home base for the child and one or more parents being concerned about establishing stability and uniformity in each house.  While a troubled marriage certainly isn’t the most positive atmosphere for parenting children, it can be just as difficult to adjust to maintaining two separate households with different rules.  To the extent that you are able, compromise with the other spouse about what rules you would like to be consistent across both households.  Some of this involves a learning curve, but an experienced Suffern child custody mediator may be able to help you work through these complex issues.

Knowing ahead of time what can make conversation more difficult is helpful, but only when you have a talented mediator to help you address the concerns outright.

What Are the Essential Elements of Successful Family Law Mediation?

While each family law mediation is unique, there are several elements that can often be found in cases that have been closed successfully.  Knowing these ahead of time to help you get the most out of the White Plains family mediation process and reduce any tension or anxiety feel about working through your family law conflict.

The first common element that contributes to success has to do with the selection of the right mediator.  Regardless of the kind of family law issue you are facing, find someone who is experienced and comfortable in working with those kinds of issues.  It’s rare that a family law mediation is straightforward, but knowing common stumbling blocks and ways to work through problems is a must-have for any mediator.

Second, bring an open mind to the table.  Of course you likely feel entrenched in your beliefs or you wouldn’t be in need of mediation services to begin with, but you have to approach the process with the right mindset or you’ll struggle to succeed.  One such example is refusing to compromise at all- if the other party feels the same way you’re going to hit a stalemate very quickly.

Finally, know what kind of communication is going to work for you.  You don’t actually have to be sitting at the same table as the other party.  You can try to work things out in separate rooms by having the mediator travel back and forth between them.  Just be clear about what you think will work best during the initial mediation session.  Setting solid ground rules and guidelines during this initial session can be especially fruitful in family law mediation.