Thinking About a Separation? Divorce? Prenuptial Agreement?
Which Divorce Process is Right For You?
I have practiced in the traditional legal system of New York for over 30 years. As a Divorce Attorney, Mediator and Medical Professional, I can provide you with the type of Customized Divorce that is best for you. To help you understand the different Divorce Options, I have created a comparison below:
Going to Divorce Court
How Does Litigation Work?
Traditional Divorce Approach
- Takes Months to Years
- Most Expensive
- Involves Divorce Lawyers and Courts
- Judge Makes the Decisions
- Can Be a Lot More Stressful
Each of you will hire a divorce attorney. You will be required to give your attorney a substantial advance payment. You will provide your lawyer with information about finances, properties and your children. Discovery will be done by both sides and there can be numerous court appearances. There may be a lot of back and forth between divorce attorneys. They may decide to negotiate, go to divorce court or both. Significant disagreement between the two attorneys’ positions is not uncommon. Depending on the divorce lawyers and the parties, there will either be a trial with a decision or the case will be settled.
An Uncontested Divorce
How Does a Negotiated Divorce Work?
Quicker Divorce Approach
- Takes Months Not Years
- Less Expensive
- Less Adversarial
- You Make the Decisions
- No Trial
- Less Stress
If you and your spouse can reasonably agree to some of the terms and grounds but still each want to have your own divorce attorney to protect your interests, this might be the right direction for you. After meeting with your divorce attorneys you will begin the process by calculating your expenses, itemizing your assets, income and debts and exploring your options. If you have children, you will agree upon custody, visitation and child support. The divorce attorneys will negotiate and draft a separation agreement including all the elements to which you have both agreed. Each divorce lawyer will review the agreement and advise you as to whether your needs and rights have been addressed. Documents will be prepared and filed with the court.
You will receive your final Judgment of Divorce after it is signed by a judge.
Divorce Mediation
How Does Divorce Mediation Work?
Quickest Divorce Approach
- Takes Weeks to Months
- Can Be Least Expensive
- Divorce Lawyers Not Necessary
- Least Stressful
- More Emotionally Positive
With divorce mediation, the settlement process starts right away! Since you are working with an unbiased Mediator there is less tension, and no adversarial divorce attorneys. Even couples who are very angry can express their wants to a mediator who is trained to manage conflict. The Mediator is there to make sure there are no losers. With the help of a skilled mediator you will receive creative solutions for managing finances, support, visitation, custody and tax issues. A written separation agreement is then drafted and divorce documents are filed with the court. You will receive your final Judgment of Divorce after it is signed by a judge.