Do I Have to Go Through Litigation if I Want to Divorce in New York?

Do I Have to Go Through Litigation if I Want to Divorce in New York?

The process of a divorce can be one of the most exhausting experiences that a person can go through in their life. This can be both emotionally and financially. When spouses cannot agree to the terms of their divorce, they may have to go through litigation to settle their marital issues. This can be a long and expensive process to reach the end. It is because of this that spouses facing these situations usually hope to minimize this as much as they can. This is possible through alternative methods of divorce that are available to couples outside of litigation. Spouses who are going through a divorce and wish to know more about these alternatives should continue reading and reach out to an experienced New York divorce attorney for assistance. 

Collaborative Divorce

A collaborative divorce usually exists as a series of four-way meetings. These take place with both spouses as well as their respective attorneys representing them. The purpose of a collaborative divorce instead of litigation is to allow both parties to have healthy and productive conversations with one another regarding their marital issues. 

What makes this process unique is that all parties present in these meetings are required to sign a Participation Agreement. This is a document that binds both the spouses and attorneys to being honest and giving the process their best try. In the event that this is not done, the document can prohibit the attorneys from representing the spouses further in court.

Mediated Divorce

One of the more common alternative methods of divorce is the process of mediation. During this process, spouses are able to negotiate the terms of their divorce with the assistance of an unbiased, third-party mediator. This individual helps to keep the peace during these sessions in order to guide spouses towards resolutions regarding their disagreements. These conversations can take place in one meeting or throughout several depending on the needs of the couple. 

When mediation is successful, spouses tend to walk away from the process with an outcome they are more happy with than litigation, as they were able to reach decisions on their own terms. It is because of this that this process is often a more popular option, especially for families with children, as spouses can solve their marital issues through compromise.

Arbitration

The process of arbitration is similar to mediation in the way that it also requires a third-party. However, instead of acting as a mediator, a divorce arbitrator serves as a judge. This individual is given the right to make decisions for the couple regarding the outcome of their marital issues.

Contact our Firm

Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.

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