Christine works with each couple based on their individual needs. Whether you are at the beginning stages of deciding to separate, or have already been through a court process, and wish to resolve issues through mediation, we will provide you with assistance that incorporates any progress you have made toward decision-making. Though there are some similarities, each couple who decides to separate has their own set of circumstances that deserves to be treated with respect and care. Please review our services below and explore "About" to see if you would like to call to make further inquiries.
Divorce mediation is a process to help separating and divorcing couples arrive at the terms of their Separation Agreement in a cooperative manner. Christine will brainstorm options with you to focus on the needs and interests of your children, workable payments for support, and informed decisions about dividing your assets and debts that are satisfactory to each of you.
After you have had an opportunity to evaluate the pros and cons of all the different options for resolving the issues, you and your spouse or partner will make the decisions that will be included in your Separation Agreement. The mediator will not make decisions for you, or give you legal advice.
In order to make informed decisions, each participant will be required to bring written documentation about income, expenses, assets and debts to the mediation sessions along with other information that may be requested by the mediator or the other participant. Christine will summarize your financial information in an Equitable Distribution Chart which is a tool used during the mediation to discuss assets and debts.
Christine also uses Family Law Software that is used to make practical decisions about child support and spousal maintenance. Having a complete understanding of the family financial circumstances will enable you to arrive at intelligent decisions for you, your spouse or partner and any children.
Please explore our website for more information about the divorce mediation process. You will find a list of Documents required for the process and other resources to help you prepare for the mediation.
Mediation is voluntary and CNYMSI does not open a case or schedule the first session without speaking with both participants about the mediation process. After speaking with both participants, a packet will be mailed to each of you. Please call (315) 422-9756 with your questions and to receive a packet at no charge.
There are times when a couple does not wish to enter into a formal legal Separation Agreement. Instead, they wish to live separately from one another and want to formalize their arrangements in writing. Christine calls this a "hybrid marriage"TM. Couples may decide to live apart because they are happier living in their own households while maintaining a lasting, intimate relationship with one another. At other times their physical separation is to enhance their chances of living together again successfully or to enable them to reach a cooperatively negotiated (mediated) Separation Agreement.
Temporary Living Apart Agreements are often negotiated to help facilitate a peaceful physical separation while a couple mediates the more comprehensive legal Separation Agreement. In these cases, mediation participants work out a temporary parenting plan, temporary support and tentative decisions about who shall have possession of the primary marital residence. These agreements usually include provisions that neither person is abandoning the other, the children or their home, and that the physical separation is mutually agreed upon.
Other provisions that may be included in a Temporary Living Apart Agreement concern how to handle existing debts, understandings about acquiring new assets and debts, and dating.
A Living Apart Agreement is not a Separation Agreement and cannot be used as a basis for a divorce.
A Postnuptial Agreement is an agreement between married people who wish to address a variety of issues during their marriage. These couples are not necessarily considering separation and divorce and wish to remain married and continue to live together.
On the other hand, a Postnuptial Agreement can be useful when a couple is considering but is not yet financially or emotionally ready to physically separate or enter into a legal Separation Agreement and/or divorce.
It is not uncommon for a couple to live in the same residence (often in separate rooms) while they either work on their relationship, or prepare for the separation process. In these situations it may be helpful to have conversations about financial issues and responsibilities, parenting, and intimacy whether or not it is memorialized in a written Agreement.
A Postnuptial Agreement is usually entered into when both people reside together. This is opposed to a Living Apart Agreement that is used when couples wish to live apart and may or may not wish to divorce.
Many of the same issues are addressed in Postnuptial and Living Apart Agreements. These issues are varied but typically include how to share income, pay expenses, allocate family responsibilities including parenting, helping adult children move toward independence, and estate planning just to name a few.
Sometimes Agreements that were reached at the time of your divorce need to be modified. This tends to happen when unanticipated circumstances arise after the divorce and your Agreement or divorce decree does not adequately address those changes of circumstances.
At other times, Agreements that were made at the time of divorce provide that a matter is not “ripe” or ready to be addressed and will be addressed when the circumstances (that are anticipated) need to be addressed.
Your choices are to discuss and make decisions yourselves, file a petition in court and seek a modification or decision from the judge, or go to mediation for assistance from a mediator to negotiate a change and/or draft an Agreement that may then be submitted to court.
Common examples of post-divorce mediations involve: a child is ready to attend college and parents need to discuss how college expenses will be paid; a parent/former spouse who is paying support loses employment or has had a substantial reduction of income; a child begins to express strong wishes to change the parenting plan and the parents wish to resolve that issue and the associated issues regarding child support.
Your Separation Agreement will be, upon divorce, the terms of your divorce. The Agreement will include your mutual understanding about everything from your parenting plan, support and division of assets and debts. You will also be addressing health insurance, taxes, life insurance, estate issues, divorce costs and attorney’s fees, and any other issues that are of concern to you.
When you mediate with CNYMSI, you will be provided with detailed lists of issues to discuss on your own time to help you save time in mediation sessions and thereby reduce your costs to mediate.
To obtain a divorce: Your Separation Agreement must be signed in the presence of a notary. Then two copies of the Agreement will be submitted by you or your attorney to the County Clerk’s Office. One of these copies is filed before the divorce papers are filed and the other copy is filed along with your divorce papers. Either an attorney will prepare your divorce papers or you may use the divorce forms provided by New York State. Please review the divorce process.
Using mediation to negotiate the terms of a Prenuptial Agreement allows both you and your future spouse to participate fully in discussing and determining how assets, debts, income and expenses will be handled both during and after a marriage.
You may have accumulated assets during your lifetime (prior to your marriage) that you wish to leave to children, grandchildren, or charity. A Prenuptial Agreement can be used as part of your estate planning, along with Wills and/or Trusts, to allow you to govern the transfer of your assets.
A Prenuptial Agreement may also be valuable in the unfortunate event of a subsequent divorce by excluding (or including) certain assets and income for purposes of equitable distribution and/or support.
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