Divorce Mediation

At the New York Divorce Mediation Group, we understand the legal, emotional, and financial aspects of separation and divorce. Through our approach to divorce mediation, we help couples make mutually agreed-upon decisions that would otherwise be addressed in a costly and stressful litigated divorce. The mediation process is voluntary and confidential. Our mediators remain neutral and guide both spouses toward fair, amicable solutions in a supportive and structured environment.

The Divorce Mediation Process

Initial Consultation

During the initial consultation, we will explain the divorce mediation process and answer any questions you might have. We will go over the fee structure and explain what documents you will need to bring to mediation.
Key issues addressed in our divorce mediation services include:

Identification and Division of Marital Assets and Debts

Equitable distribution refers to the division of assets and debts acquired during the marriage. It does not matter if title to a particular asset or debt is in one spouse’s name. As long as the asset or debt was acquired after the marriage, with the few exceptions noted below, it is considered marital property and will be divided equally or in some other proportion between the spouses. The goal is to divide the marital property as fairly as possible. In mediation, couples are able to discuss and decide how best to distribute these assets and debts in a way that will work for both of them. As mediators in Long Island, we will help you discuss all of the available options.

What are some examples of marital assets and debts?

Assets

1. The house.
2. Other real property, such as vacation homes or time shares.
3. Checking and savings accounts.
4. Retirement accounts and pensions.
5. Stocks, bonds.
6. Cars, boats, motorcycles.
7. Furnishings.
8. The value of a business owned by a spouse during the marriage.

Debts

1. Credit card debt.
2. Mortgage.
3. Lines of credit.
4. School loans.

Separate property will belong to one spouse only.  Examples of separate property are:

1. Property that was acquired by one spouse before the marriage is generally considered separate property, unless the untitled spouse has contributed in some way to the appreciation of the separate property during the marriage.
2. Property that is acquired by gift to one spouse or by inheritance.
3. Proceeds of a personal injury award.
4. The disability portion of a pension, not the ordinary service part of the pension, will be considered separate property.
5. Anything purchased with the sale or trade of separate property.

If separate property was co-mingled with marital property, it may be considered marital property.  For example, if one spouse put his or her inheritance in a joint account and used the money for household expenses it might be considered a marital asset.   In another situation, one spouse might use their inheritance to put a down payment on a house for the family.  If the spouse can show that their inheritance was used for the down payment by tracing it back, the down payment will most likely be considered separate property.

Speak with one of our New York divorce mediators for a no-obligation, confidential consultation today at (516) 749-5017 or e-mail us.

Spousal Support (Maintenance)

In an attempt to obtain more uniformity in Judge’s awards regarding the amount of spousal support (also called “Maintenance”) and the length of time spousal support will be paid, New York State passed a new law in January 2016.

The new law established formulas to be used to determine the amount of spousal support to be paid to the lower income spouse. One set of formulas applies when the spouse paying the spousal support is also paying child support. The other set of formulas apply when no child support is being paid by the payor spouse either because the payor spouse is the custodial parent receiving child support or there are no children. The lower of the two formulas used in each situation is the amount of spousal support to be paid. However, you and your spouse can agree to a different amount depending on your circumstances. We’ll consider such factors as the age and health of the recipient spouse; a history of limited participation in the workforce, and the need for educational or vocational training as well as the equitable distribution of marital assets.

The new law also provides guidelines for how long New York spousal support will last, which is dependent on the length of the marriage. For example, if you have been married 15 years or less, the range is between 15% to 30% of the length of the marriage. If you have been married between 15 and 20 years, the range is 30% to 40% of the length of the marriage. And if you have been married more than 20 years, the range is between 35% to 50% of the length of the marriage.

At the New York Divorce Mediation Group, we will help you negotiate the amount and length of spousal support that is fair to both of you.

Child Support

Child support is governed by New York State’s Child Support Standards Act. Child support is meant to cover food, clothing and shelter, generally. The parent who has the children the majority of the time is the parent who has primary residential custody and is the recipient of child support. Where parents spend an equal amount of time with the children, generally the higher income parent will pay child support. In this shared custody situation, the parents may opt to waive child support and agree to share the costs of the children’s expenses.

During mediation, we will calculate child support according to the three step formula set forth in the New York State law and then discuss with you the right amount of child support that will meet your needs and those of the children.

Parenting Plans and Custody Agreements

During the divorce mediation process, we help parents address important custody decisions in a more cooperative setting. In New York, there are two types of custody: legal custody and physical or residential custody. Legal custody refers to how major decisions regarding a child’s upbringing, including healthcare, education, and religious practices, will be made. Physical or residential custody refers to which parent a child will reside with most of the time or whether a child will split equally the time they reside with each parent.

Legal Custody

Joint Legal Custody

In our experience, parents who engage in divorce mediation tend to agree to joint legal custody.   This means that the parents will work together jointly to make the major decisions for their child that are in a child’s best interest.  If parents are unable to agree on medical or educational decisions, for example,  they will seek the advice of professionals in these fields to arrive at a decision.  

There are instances where one parent may have the final decision for certain  major decisions that are integral to a child’s upbringing. For example, one parent may be the final decision maker for a child’s education, and the other parent may have the authority to make final decisions regarding a child’s medical care. 

Sole Legal Custody

If one parent is not able to make decisions in the best interests of a child due to such problems as drug or alcohol abuse, neglect or domestic violence,  the other parent will have sole decision-making authority for the child.  

Parenting Schedules

In the divorce mediation, we help parents consider and tailor parenting arrangements that consider the age and temperament of a child, the parents’ work schedules, how close each parent lives near the other parent, which parent has been the primary caretaker, and the parents’ mental and physical health. We listen to your concerns and priorities to help you make the best decisions for you and your family. In so doing, we help lay the groundwork for effective co-parenting so you can move forward in the best interests of your children.

Because our divorce mediators are also attorneys, we provide additional legal support after mediation is completed, including:

Preparing Your Separation Agreement

When couples face the end of their marriage, they often wonder whether to pursue legal separation agreement or move straight to divorce. For many, a separation agreement provides a practical way to ease into this major life change while protecting finances, health coverage, and family stability.

Why Choose Legal Separation?

There are clear advantages to living under the terms of a separation agreement in NY before finalizing a divorce:

• Health Insurance Coverage – A spouse can usually remain on the other’s health insurance while legally separated. After divorce, the uncovered spouse must rely on COBRA or purchase their own plan.
• Tax Benefits – Couples may continue filing joint tax returns while legally separated, which can sometimes reduce overall tax burdens. Speaking with an accountant can help determine the best option for your situation.
• Clarity & Protection – A legal separation is a binding contract that outlines the division of assets and debts, custody arrangements, child support, parenting schedules, and spousal maintenance (formerly known as alimony).

Understanding New York’s “No-Fault” Divorce Law

Since New York adopted a no-fault divorce law, one spouse can file for divorce by stating that the marriage has been “irretrievably broken” for at least six months. While this simplifies the divorce process, it can complicate matters for spouses who rely on health insurance coverage.

To protect clients, our agreements often include a clause ensuring that if one spouse files for divorce before the year is up, they must cover the cost of health insurance for the other spouse for the remainder of that year (or longer if agreed).

Filing for Divorce After Separation

Even after signing a separation agreement in NY, the divorce is not automatic. Couples must file a separate set of papers to obtain an uncontested divorce. Importantly, simply living apart for six months or more does not qualify as legal separation. Courts require a written, signed agreement filed with the County Clerk’s Office.

Preparing and Filing Divorce Papers

At the New York Divorce Mediation Group, we will prepare and file your uncontested divorce papers without you having to go to court. We will notify you when the Judgment of Divorce (divorce decree) has been signed and we will send each of you a copy of the Judgment of Divorce for your records.

In the News – current articles:
– No-Fault Divorce Law Passes State Senate