FAQs Regarding Mediation:
Is mediation right for us?
Mediation is a more cost effective and less contentious way to dissolve your marriage and plan for your individual futures.
Mediation avoids the need for both parties to hire separate attorneys who will each bill for their time.
How do I get started?
I recommend that you begin to gather the following documents:
- Most recent two years of tax returns and pay stubs
- Bank statements
- List of other assets (real estate, cars, etc.)
- Retirement account information (401(k), IRA, pension, etc.)
- List of all debts (car loans, mortgage, credit cards, etc.)
How long will it take?
The answer to this question depends in part to how complex your situation is (i.e. complicated issues with regard to your assets). It also depends on how quickly the two of you can agree on the issues central to your separation. Typically, agreements can be reached in two to six sessions.
How much will it cost?
The answer to this question also depends on the relative complexity of your situation and how much conflict there is between you and your spouse. There is no up-front retainer and fees for mediation sessions are "pay-as-you-go," i.e. paid at each session. By contrast, if you and your spouse were to each hire your own lawyer, you would be required to pay an up-front retainer (a few thousand dollars) to each lawyer. The costs associated with a litigated divorce can easily exceed these initial retainers. I will also draft the separation or divorce agreement for you and file those papers in court. There will be a separate fee for the agreement itself and the costs associated with court filings.
What are your fees?
The initial consultation is $100.
What are the issues that need to be resolved?
The issues that need to be resolved generally break down into three categories:
- Division of marital assets
- Support payments, including child support and spousal maintenance where appropriate
- Division of parenting responsibility (traditionally referred to as child custody and visitation)
Do I need grounds for a divorce?
New York State law does not provide for a "no-fault" divorce. There are several different "grounds" for divorce (these include Abandonment, Cruel and Inhuman Treatment, Adultery, and Imprisonment).
Alternatively, parties who live separately for a period of one year or more pursuant to a legal Separation Agreement may divorce without grounds.
If I use a mediator do I also need to hire a lawyer?
No. One of the benefits of mediation is that neither party must hire his or her own lawyer. However, either party is welcome to hire a separate attorney to review the terms of the proposed agreement.
