MEDIATION CAN MOVE A POTENTIAL CONTESTED DIVORCE INTO AN UNCONTESTED DIVORCE

By Robyn D. Weisman, Esq. October 30, 2024

What is Contested Divorce?

If the couple cannot agree on issues such as the division of property and debts, is there going to be spousal support, or child custody or parenting time, you have a contested divorce. A case gets filed in court wherein a divorce action will be started. The Court will schedule conferences and other appearances and discovery which are necessary to help you resolve the case. This all leads to settlement or trial. This is usually a lengthy and very costly process involving paying two attorneys, possible financial professionals, possible psychological professionals.

In short, there are more court filings and more court appearances in a contested divorce and typically attorneys are handling a lot of communication and negotiation between them. All of this drives up costs. A contested divorce usually takes at least several months if not years.

What is an Uncontested Divorce?

If the couple can potentially agree on issues such as the division of property and debts, is there going to be spousal support, or child custody or parenting time, you have an uncontested divorce. Once you have agreed on all these matters, a settlement agreement will be entered into and will be submitted and signed with the divorce paperwork if you are divorcing, or a Separation Agreement will be executed for a legal separation. This is usually a much shorter and less costly process.

Mediation Can Change a Potential Contested Divorce to an Uncontested Divorce

Although mediation is optimal and will save you time and money if started prior to an uncontested divorce, if you have a contested divorce started, you can still switch to mediation. Unless the judge orders you to do so, you and your spouse must agree to the mediation. The attorneys can just inform the Court that you will be using mediation services and you can either have your attorneys assist in the mediation or you can do it on your own with the mediator.

You can also ask your attorney to raise the possibility of mediation with your spouse’s attorney, if that is mainly the way you have been communicating with your spouse. While it is possible to switch to mediation at any time before trial, you stand to gain the most by doing so as early as possible.

If you are considering divorce, we can assist you with all the different aspects of that process through mediation.

Robyn D. Weisman, Esq., Attorney, Mediator, Collaborative Lawyer, Director of Divorce Mediation & Family Services of New York, Ltd. 1-800-WE MEDIATE serving Long Island and all of New York City, New York visit our website at www.divorcemediationandfamilyservices.com