Getting an affordable divorce in Westchester County, NY, is entirely possible.
The first thing to do is to ask yourself these questions before getting started: Is this a simple divorce, with no complicated financial issues and no children? If not, do my spouse and I agree on the major issues involving the children, support, and division of property? Is there an equal balance of power between my spouse and me, meaning can both of us assert our needs without fear? Are we both willing to exchange important financial information?
If you answered “Yes” to any of the above questions, you may be a candidate for a “kitchen table divorce,” or for mediation. A kitchen table divorce (also known as a “Starbucks divorce,”) means divorcing spouses reach an agreement between themselves on all major issues including child custody/visitation, support, and division of property. Then, one spouse hires an attorney to prepare a Settlement Agreement and uncontested divorce papers. While this is the most affordable option, it works only for couples who see eye to eye on the issues and are able to bring good will to the negotiating table.
The next most affordable option is mediation. In mediation the divorcing couple goes to one neutral mediator. The spouses need not enter the mediation process seeing eye to eye on all of the issues, but there does need to be a relatively equal balance of power in their relationship in order for mediation to work. Both individuals should be comfortable asserting their needs and interests, without any feeling of coercion or fear. Also, both parties should be willing to voluntarily exchange important financial information.
When looking for a mediator, ask what their hourly rate is. In Westchester, the hourly rate of a mediator can be up to $600 per hour. There are many highly competent and experienced divorce mediators in Westchester who charge $350 to $400 per hour. By using a more affordable professional, you and your spouse can save money.
To further keep your costs down, when you meet with your mediator, prepare some notes in advance in order to organize your thoughts. Be direct and concise with your questions and subjects that you want to discuss. Consider preparing a written agenda for such meetings.
Our next blog post will discuss the surprising affordability of collaborative divorce.
© Arnold D. Cribari, 2016
