If you are looking for a separation and not sure if you want a divorce – there are a couple of options to consider:
For a variety of reasons, some couples are not ready to immediately get a divorce. They only want a formalized and signed Legal Separation Agreement until such time as they do decide to move ahead with the divorce. With the Separation Agreement, all the decisions would be in place, and it would just be a matter of filing the legal divorce document in the courts to obtain the divorce. If you know that you want a Legal Separation you can find out how to proceed by Clicking Here.
There are other times when couples want an informal trial separation because they are not sure of what they really want. They may decide after the trial separation to go back together, or they may decide to move on to the next step, a Legal Separation. What they do know at this point is that they do not want to have any legalized or notarized document prepared. They generally want to discuss specific issues before either of them takes a step or moves out.
If you find yourself in this situation, the mediation process will help you reach an agreement over which you have total control of all the decisions regarding your lives. Those decisions of course, will be tailored to your needs and those of your family. Some of the decisions you may be facing include:
- Where each person is going to live during this trial period?
- How will you furnish the temporary second home?
- How will you handle your bills?
- In the case of a family with children, where will the children be, and how will you share time with them?
- Many other decisions that are driven by your unique situation.
Another issue may be what to tell the children, relatives and friends about what is happening. Some couples may simply have questions that they have not been able to work out together, and need to discuss in the mediation room.
At the end of the mediation process, the mediator can prepare a written agreement to outline the Trial Separation for the parties to follow during this interim period.
If, at the end of the trial period, the parties decide to move forward with a Legal Separation and eventually divorce, the mediator can help them work out the more definitive decisions that would need to be included in their Divorce Agreement.
In mediation, either because you are not ready to get a legal separation and divorce immediately, or because you want to move out before you have your separation agreement signed, you can create interim agreements to live by while you are working on your long term planning. These agreements can be notarized, and if the parties wish, parts or all of the interim agreements can be incorporated into the final separation agreement.
If you have any questions or concerns about Mediation,
or would like to schedule a no fee mediation consultation,
please don’t hesitate to contact me today!
divorce and family mediator
phone: (212) 472-8626
divorce & family mediation,
upper east side of manhattan, nyc,
new york, ny