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Family Law Blog New City, New York

News and insights about divorce and family law in New York.

The 4 Basic Steps in New York’s Child Custody Mediation Process

Child custody agreements don’t have include bitter court battles; with the help of an experienced New York child custody mediator, you can achieve a custody and visitation schedule that is right for your family in just 4 easy steps.

Step 1: Choose the right mediator and have initial meeting

First, choose the best mediator for your needs. Your mediator should have experience mediating child custody cases similar to yours, be able to provide information and answer questions in an accessible way, and excel at both compromise negotiation and communication.

At your initial meeting, your mediator will discuss the mediation process including what to expect during future conversations, explain certain rules that apply to mediation such as confidentiality, and answer any questions you or your spouse may have.

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Pros and Cons of Uncontested Divorces in New York

For those who qualify, an uncontested divorce can be faster, cheaper, and better for the long-term post-divorce relationship of the spouses.

To find out more about uncontested divorces in New York, including eligibility requirements, advantages and disadvantages of an uncontested divorce, and how to receive a personalized consultation with an experienced divorce lawyer, read on.

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New York Divorce Mediation and Nesting

One of the hardest struggles for families going though a divorce, especially those with young children, can be the division of the family into two separate homes. For children, the process can increase feelings of upheaval, stress, and loss while parents may struggle with the financial burden of acquiring a second home, paying property taxes, and the cost of replacing household items that became property of the other spouse at the conclusion of the proceedings.

Some families, however, have developed their own unique way to slowly progress towards living in separate homes: “nesting” or “bird nesting” has become a smart option for families that want to reduce upheaval in the home and save money on expenses.

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Parenting Plan Modifications

Whenever a couple with children divorce, a parenting plan helps facilitate the transition by outlining the terms of custody and visitation as well as other issues that affect their child. Once the parenting plan is accepted by the court, it is official and enforceable: violations of the parenting plan have serious consequences, including loss of custody.

If, however, one or both parents want to change the original parenting plan, the court allows for modifications in most circumstances. New York law provides parents with 3 options for parenting plan modifications: coming to an agreement on their own, using custody mediation, or litigating the proposed modification in family court.

The easiest way to modify a parenting plan is when both parents agree with the changes: the modified parenting plan is simply filed and (usually) accepted by the court.

When couples don’t agree on the proposed changes to the parenting plan, they can either choose to use a custody mediator or to take their case to family court.

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Divorce Mediation and Gray Divorces

Divorce rates are increasing for couples in long-term marriages. Known as a “gray divorce,” these couples have issues unique to the length of their marriage as well as their age.

Gray divorces are much more complex than the divorce of a couple married for a shorter time: special issues like retirement, home equity, and possible ailing health of the parties can complicate the divorce process significantly.

As the rate of gray divorces continues to climb, so does the number of couples who choose divorce mediation over traditional divorce litigation.

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