When you have decided to get divorced, it’s completely understandable if your head is spinning. You may be worried about your children, finances and many other important issues. With several legal options for settling a divorce matter, you may be even further confused about which process to choose: traditional court divorce, mediation or collaborative law.
Jonathan D. Katz, Esq. has been a divorce lawyer for over 30 years. In his experience, traditional forms alternative dispute resolution – mediation and collaborative law – can be productive ways to get divorced. However, these processes don’t always protect the divorcing couple in the long-run. Mr. Katz advocates a new option: mediation. This alternative dispute resolution option allows divorcing couples in Kingston, New Paltz, Saugerties and throughout the Mid-Hudson Valley of New York, to have the benefit of legal representation with the neutrality of a skilled family law mediator.What are the Options for Getting Divorced in New York?
If you have decided to part ways with your spouse, whether you’ve been married a short time or many years, it’s important you choose an experienced divorce lawyer who will protect your interests. However, it’s also important to understand that you have options when it comes to how to proceed with the divorce process itself.
Traditional divorce involves a trial before a family court judge who will make decisions about distribution of assets and debt, child custody and support and alimony. Often divorce trials are contentious, time-consuming and expensive.
Collaborative Law divorce provides for a more amicable way that you and your soon-to-be ex can discuss the pertinent issues and come to compromises. While this process may be calmer and promote agreement, it doesn’t necessary protect your interests – emotionally or financially. It’s quite natural when compromising to give up more than you should in the interest of what you perceive is fair in the moment. However, divorce is for a long time. You need to protect yourself for the long-term.
Mediation also promotes agreement and may be thought of as a less expensive option when compared to a traditional divorce trial. This is because traditional mediation doesn’t involve lawyers. During mediation, the couple meets with a qualified mediator who will facilitate discussion and encourage the two parties to come to agreement on issues of importance.
Each of these options has pros and cons to them; Mr. Katz can explain them to you. Additionally, in an consultation, Mr. Katz will discuss mediation and how you can put his expertise as a family law mediator to work for you as you strive to end your marriage with dignity and respect in Shandaken, Wawarsing, Poughkeepsie and across New York State.What is Mediation and Why is It a Better Option than Traditional Mediation?
A major drawback to traditional mediation is that, without lawyers, there is no one in the room protecting your interests legally.
Even if the mediator is a lawyer, his or her job is to facilitate the process – not offer or even suggest legal advice.
This means, unfortunately, that since mediation is non-binding (you can go through the process and still opt for a divorce trial), any cost-savings (and more!) could be spent on going back to the drawing board.
If you are able to come to an agreement you can live with regarding the children, assets and other financial considerations, it may only be a short-term solution. It’s not unusual to find out in months or years to come that you left money on the table or agreed to compromises that didn’t truly protect your interests or your children.
Mr. Katz is an experienced divorce lawyer who has represented countless clients in the various types of divorces outlined here believes there is a better way to protect yourself and enjoy the benefits of alternative dispute resolution.Contact Jonathan Katz for More Information about Using Mediation for Your Divorce
Opting for mediation or collaborative law divorce, may provide you with piece of mind. Mediation allows you to benefit from legal representation as well as a neutral mediator who can help make sure no topic goes undiscussed and reasonably settled.
Contact Jonathan Katz today for more information on mediation. Mr. Katz is a skilled divorce mediator and lawyer. When you choose him to handle your mediation, you can rest assured he will work closely with both attorneys to promote fairness and efficiency. The result may very well add up to cost savings, as well.