New Yorkers know that litigation is time-consuming, expensive, and stressful. Traditional litigation has its place, but when the case involves families, an alternative resolution option that is less adversarial often works best to protect the relationships and happiness of the parties involved. If you are a New York resident who would like to avoid the cost, stress, and time-commitment of traditional litigation and think mediation might be a good solution for you, read on for a brief explanation of mediation and examples of the types of cases that can be successfully mediated in New York.

Divorcing couples who are also pet owners have unique concerns about what happens to their beloved friend once their marriage ends. In the not-so-distant past, pets were seen as the property of one or the other spouse, and “ownership” of the pet was granted based on a number of factors by the court.

Increasingly, New York couples are rejecting the traditional view of pets as property and are instead looking to alternative dispute resolution methods, such as mediation, to develop a custody arrangement that is in the best interest of their pet. By choosing mediation, pet owners can avoid the stress and high cost of traditional litigation, while ensuring that their pet continues to receive the love and care it needs.

New York residents who are preparing for divorce are faced with a myriad of issues, from child custody to home ownership to spousal support. The first step in preparing for your divorce is to consider the unique issues your divorce raises for your family, as well as gathering documentation to support valuation and ownership of assets. The following divorce checklist, though not exhaustive, offers clients a general overview of the types of documents needed by the court as well as the issues that will need to be addressed during your divorce.

Generally, mediation occurs in joint sessions with both parties present. The idea behind joint sessions is that compromises are best reached when both parties are present and participating. Joint sessions can have drawbacks however: some clients are uncomfortable revealing certain aspects of their divorce in front of their partner or the divorce may be so contentious that the presence of both parties hinders mediation.

As mediation becomes more popular, common myths about mediation have developed that confuse or dissuade prospective clients from pursuing alternative dispute resolution, despite its proven effectiveness. In this article we will address common myths about mediation and shed light on the reasons why these myths are false.

Only people who agree on key issues can mediate

In New York, child custody mediation is not mandatory; however, many parents choose mediation over traditional court proceedings because of the affordability and efficiency mediation offers. Mediation is a great way for each parent to be able to address their concerns while working with an experienced mediator to reach a child custody agreement that is a long-term workable solution for the entire family.

Mediation is an alternative dispute resolution wherein the parties, with the help of a mediator, can retain more control over the outcome of their legal dispute without the expense, time commitment and adversarial nature of traditional court proceedings.

Before embarking on your first mediation session, there are four simple steps that you can utilize to make your mediation effective and as stress-free as possible.

In any custody case, the main objective of the family court is to protect and ensure the best interests of the child. However, there are other factors that will be considered by the courts in determining what custody arrangement is suitable in each case. One such factor is the primary caretaker standard which is recognized by New York courts and can be persuasive in a child custody case.

Traditionally, family law cases are decided in the court system. However, some parties choose a type of alternative dispute resolution known as mediation to resolve their family law cases. Below are five benefits of choosing mediation for your New York family law case.

1) Cost-effective

Families that choose mediation over conventional court proceedings save money. Mediation typically costs thousands of dollars less because attorneys typically charge a lower rate for mediation services. Also, a resolution is reached through mediation much faster than a case would be decided in court so both parties save money on accumulated attorney fees, excessive court costs and other associated expenses.

Divorce mediation is a type of voluntary alternative dispute resolution that allows divorcing couples to forego traditional court proceedings in favor of a less contentious and more cost-effective compromise-based resolution of their marriage.

In a typical divorce mediation, the mediator will help you and your partner reach an agreement on several important issues, including but not limited to:

When parents enter into a custody order with the courts, the arrangements set forth in the order are legally binding and should be adhered to at all times. Sometimes, one parent violates the custody order in such a way that the other parent is forced to go back to court. In this situation, an experienced New York family law attorney can help guide you through the process in order to protect your parental rights.

How are custody orders violated?

Establishing a custody order that works for your family is an important aspect of any divorce. However, many post-divorce couples find themselves in situations where their custody order no longer works for their families. In New York, custody orders can be modified at any time in certain limited circumstances.

Establishing visitation is an important part of any custody arrangement and can be invaluable in fostering family continuity after a divorce or other domestic parting. If you are considering enforcing your visitation rights, a basic understanding of New York visitation laws will help you be better informed of your rights as well as prepare you for your first consultation with a qualified New York family law attorney.

Unfortunately, grandparent rights are not automatic. A parent may object to grandparents visiting and otherwise interacting with their child for many reasons. Some parents may object due to a strained relationship with the grandparents while other parents object to a continued relationship after a contentious divorce. Whatever the reason for the objection, it is up to the grandparents to establish that they have legal standing to participate in a visitation court proceeding and that being granted visitation of the child is in the child’s best interest. In order to pursue your right to visitation of your grandchild, you will need to take legal action with the help of a qualified New York family law attorney.

Being a grandparent is one of life’s greatest joys but, when grandparents are denied visitation or custody of their grandchild, the sense of loss and feeling of hopelessness can be overwhelming. In New York, grandparents may have a legal right to visitation or custody of their grandchildren in certain circumstances. Although visitation rights or custody are not guaranteed, the courts will allow grandparents’ rights when the following three elements are proven to exist: 1) that the grandparents have legal standing to participate in a court proceeding; 2) granting visitation rights or custody is in the best interest of the child; and 3) the grandparents have a pre-existing relationship with the child.

Uncontested divorces can be time-efficient, cost-effective and less stressful than traditional divorces. However, when the parties are parents of children, the process can become significantly more complicated. If you have children and are considering an uncontested divorce in New York, a qualified family law attorney can help ensure that the rights of you and your children are best represented.

What is an uncontested divorce?

An uncontested divorce is a type of divorce in which the spouses have agreed on all major issues surrounding the marriage’s end, such as, but not limited to, the division of any property and child custody, prior to filing. A divorce can also be considered uncontested if one spouse files for divorce and the other fails to appear at the divorce proceedings.

What are the requirements for obtaining an uncontested divorce in New York?

There are several requirements under New York law that must be met in order to obtain an uncontested divorce. These include:

Many people assume a divorce must be contested if there are a large number of assets, minor children involved or many years of marriage. This is untrue. It is possible to have an uncontested divorce in New York even with these factors involved, as long as both spouses are in agreement.

The best way to proceed is by reaching an agreement with your spouse prior to filing.  Before filing a divorce action, if both parties agree on the grounds for divorce, division of assets, property and debt, child custody & visitation & visitation, support, and any spousal support, the divorce can be uncontested and appearance in court is not mandatory.

On August 15, 2010, Governor David Paterson signed a bill that created no-fault divorces in New York. Previously, only fault based criteria or separation could be cause for divorce.

No-fault divorces occur when two actions are completed: first, one party testifies that the spousal relationship has been broken “irretrievably,” meaning beyond repair, for at least six months. Second, spouses must have resolved all economic issues of property distribution, spousal and child support, fees, as well as custody and visitation issues. The settlement of the economic and domestic issues may be settled through a final judgement as determined by the Court.

Sometimes in the course of a custody or visitation proceeding, a judge may choose to conduct a Lincoln hearing. Lincoln hearings occur when a judge chooses to hear the testimony of a child regarding custody or visitation preferences, and does so in a controlled environment; only the judge, a stenographer, the child, and the child’s attorney are present. The purpose of maintaining a controlled environment is twofold: first, it prevents a child from undue stress associated with open court testimony. Second, and closely related, it better allows for a child to relate parental preferences and family difficulties.