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IF YOU MEDIATE
Your combined mediation fees, review by a consulting attorney, paperwork preparation, and court fees will be approximately $2000 to $5,000.
The outcome will be determined by you and your spouse.
With the help of a neutral mediator, you will problem solve property and custody issues to design an agreement that works for you and your family.
There are no filed declarations making accusations against each other. You maintain your good reputation. Mediation is a confidential process where decisions are made in a private conference room.
The two of you will determine what's in the best interests of your child(ren). You can try out various parenting plans to see If they work. You can modify the plans as your child(ren) get older without returning to Court.
Mediators help you negotiate a fair settlement. You explore various possibilities of dividing your property until you both agree it's fair. Neither of you may think it is perfect but you can find a plan you both believe is fair.
You decide how fast or slow you want the process to proceed.
Child support, spousal support and parenting plans, asset and debt sharing are more likely to be maintained and fulfilled when mutually decided and agreed to.
You will maintain your dignity. You will experience the challenge of working with your spouse to make the best of your situation and learn from it. If you can't save the marriage, save the divorce.
Edited & Adopted from articles written by Royce Orleans Hurst, Esq.
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IF YOU LITIGATE
Your combined attorneys fees can be anywhere from $5,000 to $30,000 or more. You will pay for discovery, delays, trials, hearings, transcribers, process servers, countless phone conversations and letters between the attorneys.
The outcome will be decided by a judge or hearing officer.
You will each retain an attorney to negotiate property and custody issues for you. You will be advised not to communicate directly with your spouse.
All the filed declarations where you and your spouse make exaggerated accusations against each other to gain advantage are public records in some states. Thus available for people to view, even years later by your children and grandchildren.
If custody or parental rights are contested, the court will probably appoint a lawyer for your child(ren) and the lawyer will likely insist upon invasive psychological evaluations to judge you and your child(ren). Based on these evaluations the court will determine when and how you have custody.
The Division of Property will be based on; how aggressive your lawyer is compared to the other lawyer, the mood of the judge, court precedents and schedules, and the prevailing stamina and resources of you or your spouse.
Your divorce will follow the timetable determined by the needs of attorneys and the court.
You and your spouse may not feel committed to complying with court results because of limited participation in the decision process, bitterness fostered during the proceedings, or questions of fairness in the decisions ordered.
Even the most poised, self-assured individuals can find themselves one of the walking wounded after a day of antagonistic, degrading and emotionally charged court drama watching your spouse and yourself pressured to settle.
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Rod Wells, CFPTM
Mail to:
11 Frost Lane Cornwall, NY 12518-1305
Offices at: Cornwall, Katonah, New
Paltz, New York City
and Connecticut by appointment
Phone: (845) 534-7668
FAX: (845) 534-4608
e-mail: roddywells@aol.com © Rod Wells, 1998, 2001,2004,
2007
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