Even though divorce mediation is often the recommended course for any divorcing
couple, same-sex couples who want a divorce currently face special complications,
complications that mediation may be able to smooth over. Admittedly, a
contested divorce is sometimes unavoidable, but a litigated divorce can be a risky venture,
and it will certainly be an expensive process. Instead of arranging the
terms of your future, you could be paying an exorbitant amount for a stranger
to decide how
child custody should be awarded, how assets and debts should be divided, and more.
Gay or lesbian couples seeking a
divorce will be in for an even more heated and complex divorce, due to wildly
divergent and ever-changing laws. For one thing, a judge may have to examine
the legality of the marriage according to state laws at the time. Then
there is the location of the marriage ceremony to consider, as well as
any other existing registrations a couple has, such as if they entered
a domestic partnership. This gets even more complicated when
multiple registrations took place in different states. Depending on the legal relationships involved,
a judge then has to wade through further tricky issues, such as determining
which property is separate property, and whether or not both divorcees are
legal parents. What makes these issues even more difficult? Many judges have never worked
through these cases before, laws are new, and outcomes are highly unpredictable.
A family court will have almost no precedents to work from.
Consider Negotiation with Your Partner
With or without a lawyer, divorcing spouses always have the option of going
uncontested divorce, where they are the ones who write up the arrangement for their futures.
You would get to be the ones who split up your property and who create
parenting plan that is best for your child. If you can keep the right perspective and
discuss these issues respectfully, then you may be able to create your
own divorce settlement, saving yourselves a great deal of time, money,
and needless pain. Or, if this is too difficult considering the circumstances
under which you have decided to part ways, an attorney might be able to
step in and negotiate on your behalf with your partner's lawyer.
Why Divorce Mediation Could Work
A hybrid of the above scenarios, a
mediated divorce can enable couples to negotiate with one another, and in some cases, spouses
might also consult with their own attorneys to make sure that their rights
are being protected in the final settlement. A neutral third-party, the
mediator, tries to help both spouses see the other's side and to reach
compromises, helping them to arrive at a fair divorce settlement that
both parties can agree to.
- You can fully create your own terms, not limited by inflexible laws.
- The mediator, someone you get to choose, can only offer suggestions. They
cannot create any legally binding court orders.
- Compared to a divorce trial, you can save yourself a great deal of stress
and cost, which will make it easier to move forward with your life.
- This is especially true if you have a child; divorce litigation often hits
kids the hardest. If their parents can go through as amicable a divorce
as possible, then the emotional trauma of the divorce can be lessened
for a child.
Whether you are seeking a mediator in Long Island or a Long Island divorce
attorney, you can find the legal professionals you need at the Meyers
Law Group, P.C. Thoroughly versed in the latest changes in family law,
our firm is prepared and is dedicated to helping families transition to
stronger, independent futures. Learn how we may be able to help you when you
contact our firm today!