During a divorce, both spouses have their own wants, needs and priorities. You might think that the only way to advocate for your interests is by fighting for them in court, but mediation is actually a preferable solution in many cases.
Settling matters outside of court also gives you and your soon-to-be ex-spouse greater control of personal matters that are important to both of you. Through mediation, an unbiased third party can help you arrive at a favorable resolution for even the most sensitive of divorce issues.
1. Division of assets
The New York Courts outline the state’s equitable distribution laws, which state that a judge should divide marital property as fairly as possible between divorcing spouses. If you have marital assets that you are adamant about keeping, and they are not under the protection of a marital agreement, then mediation is the best way to negotiate with your spouse regarding the fate of those assets.
2. Child custody
When handling a divorce through standard court procedures, a judge will ultimately decide on child custody based on the child’s best interests. If you and your co-parent wish to be in control of your child’s upbringing, then you should come to an official agreement outside of court.
3. Parenting time
Your mediator can help you build a parenting plan and schedule that works for the whole family. You can also establish some terms of communication that help you and your ex-spouse stay in touch regarding important matters, even if you are not on the most amicable terms.
Court proceedings can be long and often serve to foster further resentment between divorcing spouses. Choosing to handle matters thoughtfully and amicably through mutual mediation can be the best way to determine family issues and build a strong foundation for your relationship going forward.