Couples who have been married for a long time usually have a lot of assets built up and this could mean contesting a divorce – arguing over who gets what in the divorce proceedings; however, if a couple first enters into a separation agreement NY, they would have time to iron out some, if not all, of their problems in terms of who gets what.

Most of the couples fight over two things: children and money. Most lawyers who represent both parties will advocate for an equal division of property and monetary assets in addition to trying to work out an amicable child custody arrangement. However, if each spouse is represented by a separate attorney, then each one is out to get as much as possible for their client and this causes pain and anger for many people.

A mediator is often the best answer for a couple who can not seem to get along and both want the majority of the assets. Sometimes the spouse who will have primary physical custody of the children believes they should have the most financial portion of the assets. If the division of the property and monetary assets is not fair and equitable, a judge will throw the case out and a couple will have to begin again, even if the couple signed an agreement regarding the division of the assets. The law is clear that everything must be equal.  

A mediator will work with both spouses, sometimes independently of one another and sometimes together, to reach a workable agreement on child custody and financial arrangements. Mediators are often paid by the courts and do not work for either spouse but for the good of the family or the good of both parties. Sometimes lawyers will request that a couple seek mediation because the lawyers can not get the couple to agree on the major points that need to be worked out before a divorce can be finalized. Mediation is not like counseling, it is helping the couple see what is best for them as a unit.

Some states require that a couple seek mediation to work out their financial and child custody agreements. Other states require a couple to enter into a separation agreement NYC until everything can be worked out.