Upon filing for a divorce, spouses can choose to claim a fault ground or refrain from claiming one. If they claim a fault ground, it can place the blame on the opposing spouse in the divorce. This may lead to a more difficult divorce process. For contested divorces, where fault grounds are claimed, spouses may have to enter into litigation. During litigation, they will have marital issues decided on for them by a judge. If the spouse refrains from claiming a fault ground, they can enter into an uncontested divorce. By entering into an uncontested divorce, they may face an easier, smoother divorce process. They can enter into divorce mediation to decide on marital issues with their spouse. However, if this process proves to be unsuccessful, the couple can drop out of mediation. This can cause the divorce to go from uncontested to contested. With a now contested divorce, they may need to enter into litigation to have decisions made for them that they were unable to decide on in mediation sessions.
Why can spouses end mediation?
Since mediation requires the cooperation of both spouses, it is not for everyone. The process may prove to be too emotionally demanding for a spouse. The spouses may not be able to cooperate with one another. If spouses are unable to reach compromises, it can leave them feeling unsatisfied with the results decided on for marital issues. In these situations, the option to end mediation is available. Mediation can be ended at any time during the process. This gives spouses the opportunity to try divorce mediation, but end it if they believe it is too hard to finish.
Can modifications be made to marital issues?
Marital issues are decided on at the time of divorce. Since situations can change as the years go by, they are able to be modified in the future. When these decisions are originally made, the circumstances can be quite different than they are a few years later. With this in mind, the courts allow the opportunity to make changes to marital issues. Spouses can file a motion with the court to have the situation revisited and to have an updated decision made for their case.
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.