Can I contest my divorce during mediation?

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Couples can choose to contest their divorce upon getting one. If they do not wish to contest it, their divorce can remain uncontested and they can enter into mediation. Divorce mediation can be a beneficial way of resolving issues. During mediation, couples will meet with a neutral third party to have a conversation regarding marital issues, such as alimony, child custody and more. They can reach a final outcome on these issues for their new single life. Since mediation requires the cooperation of both parties, it can be difficult to reach a desirable outcome. If spouses cannot participate in mediation any longer, they have the option to end it. Once they end mediation, they can then contest their divorce and they may then enter into litigation. During litigation, their issues can then be addressed by a judge who will make the final decisions.

Who is involved in mediation sessions?

During mediation sessions, couples meet with a neutral third party. This individual does not make decisions for the couple but rather acts as a guide to move the conversation along. They can help avoid arguments and maintain a civility between the spouses. Spouses are able to bring their attorneys to these sessions to include insight into their decisions. Children of the couple should not be brought to these sessions.

What are grounds for divorce?

Upon filing for divorce, individuals can choose if they want to claim a fault ground or pursue a no-fault ground. No-fault grounds can be cited as irreconcilable differences for at least six months. Fault grounds can include adultery, imprisonment, abandonment, cruel treatment, divorce after a legal separation agreement or divorce after a judgment of separation. This will be included in the complaint for divorce. Upon filing this document, you can also cite any support that you will need. This can include alimony, child support and more. Through this, dependent spouses may be able to get the aid they need from their spouse. Since each marriage is different, there are different circumstances surrounding each divorce. One spouse may be the one who works for a paycheck while the other takes care of the kids. This would make the spouse who takes care of the kids as a dependent party in the divorce since they may need the financial support to carry on with their new life.

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.

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