SEPARATION


We believe that divorce is not the end, rather a transition to a new beginning. We would be honored to help you and your family with the compassion and dignity you deserve.


Don't Litigate. Mediate TM


Stephen E. Felman - President


Separation

Our experienced mediators can outline your separation clearly that works for you.


Divorce Mediation Services of Buffalo will help you understand the details of legal separation with you and your spouse. In New York, a legal separation is available to a married couple that no longer wishes to live together. In contrast to simply living apart, legal separation formally sets out the rights and responsibilities for each spouse in matters such as child custody and support, spousal support and property division. The main difference between legal separation and divorce is that a a legal separation does not actually dissolve the marriage relationship and the parties remain legally married. In New York, a legal separation can be accomplished either through a written agreement by the parties or by going to court and requesting a judgment of separation.

Precursor to Divorce

One benefit to legal separation is that it gives the parties an opportunity to see how their current problems and overall relationship is affected by living apart. In addition, much of the legal work involved in coming to an agreement in separation can be used to reach a later divorce settlement. Further, in New York, legal separation lasting for at least one year -- whether done upon agreement or by judgment from the court -- is a recognized basis or "grounds" for divorce. This allows the court to expedite the divorce process; in many cases, the rights and responsibilities of the parties during separation can be "converted" into post-divorce obligations.

Legal separation is a contractually defined and court-honored agreement between a couple that has chosen to live apart but opted to remain legally married. Legal separation allows for reconciling the marriage, provides parameters for co-parenting, child support, and spousal support, while maintaining the status of being married.



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Benefits of Divorce Mediation:

  • Confidential: Secure your privacy in a neutral forum without the stress of a trial or judicial proceeding.
  • Quick: The entire process can be completed in as little as one month, and takes (on average) two to three sessions, whereas contested litigation can take years to resolve.
  • Less Stress: Each party is allowed to direct the process on their own terms, reaching a decision that works for both parties. This approach allows us to move at a comfortable pace, improves your post-settlement relationship, and reduces the negative impact of the divorce on the parties involved.
  • Cheaper: The average cost of a litigated divorce in New York State is around $35,000. Mediation is a fraction of the cost!






During the mediation process, our divorce mediator will help you make decisions about:



  • Parenting Plans: Our team will help you form a parenting plan. We know that every situation is different, which is why we will help to customize an agreement that will take everyone's needs into consideration, especially your children's.
  • Child Support: There is very little discretion by the court when determining which factors to use when calculating child support. We will work with both sides to discuss your circumstances and help you develop a suitable plan.
  • Alimony and Spousal Support: Discuss the presumptively correct amount and tax implications of alimony/spousal maintenance.
  • Distribution of Assets and Liabilities: Decide how to best distribute your assets, liabilities and division of debt.
  • Other issues: Pets, extended family visitation, special needs, and health issues.



Benefits of Divorce Mediation:

  • Confidential: Secure your privacy in a neutral forum without the stress of a trial or judicial proceeding.
  • Quick: The entire process can be completed in as little as one month, and takes (on average) two to three sessions, whereas contested litigation can take years to resolve.
  • Less Stress: Each party is allowed to direct the process on their own terms, reaching a decision that works for both parties. This approach allows us to move at a comfortable pace, improves your post-settlement relationship, and reduces the negative impact of the divorce on the parties involved.
  • Cheaper: The average cost of a litigated divorce in New York State is around $35,000. Mediation is a fraction of the cost!






During the mediation process, our divorce mediator will help you make decisions about:

  • Parenting Plans: Our team will help you form a parenting plan. We know that every situation is different, which is why we will help to customize an agreement that will take everyone's needs into consideration, especially your children's.
  • Child Support: There is very little discretion by the court when determining which factors to use when calculating child support. We will work with both sides to discuss your circumstances and help you develop a suitable plan.
  • Alimony and Spousal Support: Discuss the presumptively correct amount and tax implications of alimony/spousal maintenance.
  • Distribution of Assets and Liabilities: Decide how to best distribute your assets, liabilities and division of debt.
  • Other issues: Pets, extended family visitation, special needs, and health issues.



Child Parenting Plans

We'll help you and your spouse decide on one of several custody agreements. You can opt for sole legal custody, where one parent has all of the legal rights to the child, and can make decisions without informing the other.


You can also look at both physical custody, which determines where a child lives, or developing a shared parenting plan, which decides who gets the kids during what time periods.

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Child Support

In WNY, both parents are financially obligated to support their children. Child support is typically set on a case by case basis, and is financial only.


The other types of support a parent may provide - emotional, intellectual, and physical care - are not touched on. Family mediation can help address this concerns.

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Alimony and Spousal Maintenance

Judged on a case to case basis, it may be the legal responsibility of one spouse to provide financial support to the other. This is done to ensure an economic balance between the two parties, and avoid unfair financial ramifications during the divorce process. Note that alimony is usually at the discretion of the state court.

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Separation

In a separation, the partners remain legally married. However, the legal agreement sets out the rights and responsibilities of each party. This may include (but is not limited to) child custody and support, property division, and spousal maintenance.

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Uncontested Divorce

In an uncontested divorce, our divorce mediation services are responsible to help both parties reach an agreement before going to trial. An uncontested divorce can move quickly - and it costs much less than a divorce that goes to trial.

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Distribution of Assets and Liabilities

During mediation, we will help you distribute both property and debt. Note that distribution in divorces that go to trial is rarely a 50/50 split, and it's difficult to predict what a state court may do.

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Contact Us Today about our Family Mediation Services

Please contact
Divorce Mediation Services of Buffalo
and we will help answer all your questions.

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