NY Divorce Mediation – New and Improved Divorce Process in Westchester

A divorce action typically starts with the filing of a Summons with Notice in the county of the plaintiff or defendant. The divorce papers being submitted include and state the grounds for the divorce action as well as the relief being sought. Once the summons is filed, it will be personally served upon the defending party. After the summons has been served, the defendant is required to respond to the notice by filing a Notice of Appearance, which indicates that the defendant is appearing in the case. Next, the plaintiff would file a Verified Complaint and the defendant would respond with a Verified Answer that addresses all of the allegations set forth in the complaint.

After all of the preliminary filings, the parties will appear in court at a preliminary conference. This is where discovery guidelines along with preliminary orders and court dates are addressed and discussed. During this litigious process the parties will continue to make court appearances at compliance conferences that allow the court to monitor the progress of the parties at either reaching settlement or proceeding toward trial. If the parties are able to negotiate and resolve all issues prior to the trial, the terms of the agreement are filed with the court as a Stipulation of Settlement and the court issues a Judgment of Divorce based on the stipulation. In the event of a trial, both the plaintiff and the defendant are given the chance to testify and to call on witnesses. The judge then hears both cases and is tasked to render a decision. The court will then issue a Judgment of Divorce based on its decision.

Divorce mediation is an alternative to this archaic and extremely expensive and time consuming process. With divorce mediation, absolutely no court appearances are made and no filings are made prior to resolution. Parties simply meet at the office of a divorce mediator who simply collects all relevant information from the parties and assists the parties in resolving all issues relating to their divorce. After an agreement is reach, the mediator prepares a Stipulation of Settlement, which is filed with the court and the court issues a Judgment of Divorce based on the stipulation. This is the same as when settlement is reached in a litigated process except that no court appearances or pre-filings were required to get to the same point.

Mediation is a much less formal process than the traditional divorce litigation approach and it is always a lot less expensive. It is also ideal for couples who want to maintain a civil relationship and end their union expeditiously.

About the Author:

David Escoffery, Attorney Mediator at NY Divorce Mediators, has many years of experience in divorce mediation. NY Divorce Mediators specializes in divorce mediation, which is an expert service that enables clients to receive a fast, amicable and affordable divorce or separation with the help of a neutral attorney acting as divorce mediatior.

NY Divorce Mediators is a New York firm that specializes in divorce mediation. It is an expert service that helps clients obtain a fast, amicable and affordable divorce or legal separation.