Divorce Mediation Lawyer in White Plains
Your Divorce Doesn’t Have to Be Vicious
Divorce often becomes difficult when spouses cannot agree on money, property, or parenting. For couples in White Plains and Westchester County who are willing to negotiate, divorce mediation provides a structured setting to address these issues without putting every disagreement before a judge. A neutral mediator helps the parties communicate and work toward an agreement, but this individual does not decide the outcome for them.
Call the Law Offices of David Bliven at 917-938-7827 to schedule an initial consultation. We can review your circumstances, explain the mediation process under New York law, and discuss whether you should have a divorce lawyer involved before or during mediation.
How Divorce Mediation Works in New York
Mediation is a voluntary process. A neutral third party helps spouses identify their concerns, exchange information, discuss possible solutions, and work toward terms they can both accept. The mediator does not represent either spouse and does not make decisions for the parties. According to the New York Courts’ guidelines on mediating your case, mediation is generally confidential, subject to applicable exceptions.
Mediation may address parenting and financial issues. In a divorce case, those discussions can include property and debt division, spousal support, child custody, child support, and other economic or parenting concerns. New York Courts allow parties to bring an attorney to mediation or consult with a lawyer before or between mediation sessions.
Mediation is not suitable for every family. The state’s Divorce Mediation guidelines specifically note that cases involving domestic violence, drug or alcohol abuse, or child neglect or abuse are not appropriate for divorce mediation. We highly recommend a careful assessment of your circumstances before choosing this approach.
What Can Be Resolved Through Mediation?
A Westchester divorce mediation attorney can help you understand the legal issues you must resolve before you sign an agreement. Depending on the circumstances, mediation may address:
- Property division and marital debt
- Spousal support or maintenance
- Child custody and parenting arrangements
- Child support
- Other terms needed to complete the divorce
New York Domestic Relations Law § 236 governs major financial issues in matrimonial cases. For marriages and proceedings covered by the current law, marital property generally includes property acquired during the marriage before a separation agreement or commencement of the matrimonial action. Separate property receives different treatment. The statute directs courts to distribute marital property equitably, based on the circumstances and specific statutory factors. It also addresses maintenance and agreements between spouses.
Equitable distribution does not mean every asset gets divided equally. The law requires a thorough consideration of your particular circumstances and the statutory factors applicable to your case.
Child-related issues require separate attention. Domestic Relations Law § 240 directs courts to consider the specific circumstances of the case and the best interests of the child when addressing custody and support in a matrimonial action.
Mediation and the White Plains Divorce Process
Mediation does not grant a divorce. Divorce proceedings in New York State are handled by the Supreme Court. According to New York Courts FAQs, mediation can help parties address issues in their case, but the divorce itself must proceed through the appropriate court process.
For Westchester residents, the Supreme Court of the State of New York, Westchester County, is located at 111 Dr. Martin Luther King Jr. Boulevard in White Plains. Current court materials confirm that the Westchester Supreme Court handles matrimonial matters, and the 9th Judicial District maintains alternative dispute resolution resources for matters in Westchester County.
New York’s no-fault divorce statute lists the irretrievable breakdown of the marital relationship for at least six months as a valid ground for divorce. However, Domestic Relations Law § 170(7) provides that a judgment of divorce on this ground cannot be granted until the economic issues of equitable distribution, spousal support, child support, counsel and expert fees and expenses, as well as custody and visitation, have been resolved by the parties or determined by the court and incorporated into the judgment of divorce.
For a couple considering Westchester divorce mediation, that distinction matters significantly. Mediation can help you address the terms of the divorce, but it does not replace the formal legal process required to obtain the judgment.
Why Work With a Divorce Lawyer During Mediation?
A mediator must remain neutral. Your attorney does not.
Having independent legal counsel proves particularly useful when the divorce involves a business, retirement accounts, real estate, substantial financial questions, maintenance, child custody, or disputed information. We can review proposed terms from your perspective and explain the legal consequences before you agree to them.
The New York Courts encourage parties to discuss mediation with their lawyer when a case is already in court and explicitly state that parties may bring legal counsel to mediation sessions.
Legal review can also help identify issues that spouses may overlook during negotiations. A mediated agreement concerning property, maintenance, or other matrimonial terms must satisfy the applicable requirements of New York law. Domestic Relations Law § 236 establishes requirements for agreements between spouses and addresses subjects including property and maintenance.
Preparing for White Plains Divorce Mediation
Preparation matters. Financial and parenting discussions become easier to evaluate when you fully understand the information behind the issues.
Before mediation, you may need to gather records concerning income, bank accounts, retirement assets, real estate, debts, insurance, and household expenses. Couples with children may also need to discuss custody, parenting time, transportation, education, and child-related expenses.
We can help you identify specific questions you should address before you agree to a divorce settlement. Our goal is not to create conflict. We work to ensure you understand the legal and financial options the mediator presents to you.
White Plains and Westchester Family Law Representation
The Law Offices of David Bliven focus almost exclusively on matrimonial and family law matters. David Bliven has nearly 30 years of legal experience and previously served for nearly three years as a Family Court Prosecutor with the NYC Administration for Children’s Services. During his tenure, he prosecuted child support, child abuse and neglect, and foster care cases on behalf of the City of New York.
That background gives our firm experience from both private family law practice and prior government service. We represent clients in White Plains, Westchester County, the Bronx, and throughout the greater New York City area in matters of divorce, custody, support, and related family law matters.
Our approach remains objective and focused on the actual issues in your case. We work to give clients a clear understanding of their legal options before they make decisions that can affect their finances, children, and future.
Discuss Your White Plains Divorce Mediation Options
Choosing mediation is a significant decision, particularly when property, financial support, or children are involved. Call 917-938-7827 to schedule an initial consultation with the Law Offices of David Bliven. With nearly three decades devoted to New York family law, we can evaluate your circumstances and discuss how experienced legal counsel can fit into the mediation process.