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Same-Sex Divorce and the Benefits of Mediation

Same-Sex Divorce and the Benefits of Mediation

Posted By Meyers Law Group, P.C. || 17-Feb-2014

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 through an 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 the personalized 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!