Other Services Provided
Separation/Settlement Agreements
After you conclude your mediation and your MOU has been finalized, you may choose to have a separation or a settlement agreement drafted. Both agreements are binding contracts that memorialize the arrangements you agreed to during mediation. Typically, depending on the case, the issues included in these agreements are the following:
Equitable Distribution of property
Legal Custody
Physical Custody or Parenting Time
Child Support
Spousal Maintenance
Tax Issues
Debts and Liabilities
Retirement Benefits
Legal Document Preparation
If you reach a resolution through mediation, either with me as your mediator or with another mediator, I can formalize your settlement or separation agreement and, when appropriate, file your uncontested papers in court.
Prenuptial and Postnuptial Agreements
Many couple aim to prevent future disputes by establishing agreements that define the financial rights and responsibilities during the marriage, getting protection from separate debts, or avoiding potential conflicts in the event of a divorce terms (prenuptial agreement). Other couples seek to set forth their rights and responsibilities during the marriage, including how each will divide property and debts in the event of divorce or death (postnuptial agreement). Both agreements offer clients the advantage of avoiding future litigation.
Not surprisingly, the conversations surroundings both these agreements can be very sensitive and highly charged. I am here to help facilitate a dialogue, even in the middle of severely stressful circumstances (i.e., the eve of a wedding), that helps clients see each other’s perspectives and moves them towards positive solutions.
Post-Divorce Modification Agreements
You or your ex-partner may be facing a change in circumstances, such a a loss of a job, health problems, or other issues, that impact your existing court order or parenting circumstances. In these instances, you may need to modify an existing court order or divorce settlement agreements. I can help you draft what is called a Post-Divorce Medication Agreement.
Parenting Agreements
If you and your partner have never been married but have children together, it is wise to consider a Parenting Agreement. Parenting Agreement lay out the very important components of parenting: legal custody, parenting time, and child support. In these agreement, you decide how major decision are made (legal custody), how the child(ren) will be financially supported (child support), and how the child(ren) will spend his/her time with either parent, as well as any other concerns you and your partner may have regarding your children. (If you are married, a parenting plan will be part of your Settlement or Separation Agreement.)
Cohabitation Agreements
If you are an unmarried couple living together, you might want to consider a cohabitation agreement because unmarried couples do not have the legal protections that married couple have in the event of a separation. A cohabitation agreement is a legally binding contract that outlines the rights and responsibilities. It can help protect your interests and ensure a fair resolution if your relationship ends. It can cover a variety of topics including,
Division of assets and debts
Division of income and expenses
Management and division of any business or property
Financial support payments
Child custody
Stop the Clock Agreements
A stop the clock (STC) agreement is a voluntary agreement between a couple that allows them to pause the timeline for the cutoff for the division of marital assets, remove the pressure for litigation, and allow couples the flexibility and time to work through the complex issues of dividing their marital assets. During the marriage, all assets and debts accumulated are (for the most part) considered marital. They become separate assets and debts only upon the filing and service of a summons of divorce. If you are not ready to file a summons but want to agree to a cutoff date upon which your assets and debts become separate property, you might want to consider a STC agreement. By pausing the clock in the manner, couples are better able to delve deeper into their financial issues, consult with experts, and feel comfortable that all aspects of their financial decisions have been meticulously considered.
Uncontested Divorces
If you and your spouse agree on all aspects of their divorce, you can file for an uncontested divorce, without the need of a settlement or separation agreement. This means that there are no disagreements on issues like: child custody and support, division of marital property, spousal support, debt allocation, and spousal maintenance.
The cost savings to filing for an uncontested divorce can be significant because there is no need for a mediation or a finalized settlement agreement, and it may take significantly less time to obtain a Judgment of Divorce.
The process for filing an uncontested divorce is fairly easy:
After an initial complimentary consultation with me, complete the uncontested divorce intake form I will provide you.
I will draft initial papers for your review, including the Affidavit of Plaintiff and Verified Complaint for you to sign, as well as the Affidavit of Defendant for your spouse to sign.
I will then file the summons with notice and purchase an index number.
You provide your spouse a copy of the Defendant’s Affidavit to sign before a notary public.
You sign the Plaintiff’s Affidavit and the Verified Complaint before a notary public.
There are a number of other forms that I fill out. Once the entire uncontested divorce packet is competed and filed, we wait for the Court’s review.
Assuming all of the documents are in order and depending on the county, a Court can sign the judgment of divorce within a range of time of four to six months (upper Westchester counties) to one year (some of the New York City counties).
Resolution Over Rivalry, Clarity Over Conflict.
Mediation…the better choice
Let’s connect.
Reach out today for a 30-minute free consultation.
Maresca Law & Mediation, PLLC
800 Westchester Avenue, Suite N-641
Rye Brook, New York 10573