Frequently Asked Questions
While there is no fixed timeframe, my goal is to keep you moving forward with as little stress as possible. If there are only a few open issues, two or three one-to-two-hour sessions may be sufficient. When children are involved, or there are multiple issues, four to six sessions may be needed. If your issues are very complex or specialized, I can break the process down into as many sessions as needed.
In New York State, if you and your spouse can agree to all terms in writing, I can do all the necessary court work for you and file for an "uncontested divorce." Everything the court needs to finalize your divorce can be done in the comfort of my office or your home.
The most effective option in this circumstance is to hire me as your independent legal counsel. Ailie L. Silbert Law and Mediation is a boutique firm that specializes in very personal, responsive service. I will assess what, if any, outstanding matters need to be addressed so that divorce papers can be finalized efficiently, and you are adequately protected. Once I have all the facts, I can prepare your divorce papers quickly and file them as soon as you and your spouse find time to review and sign them.
Sometimes the devil is in the details or the fate of a busy court. The timing of your divorce depends on how soon an agreement is reached and how quickly the courts can process the papers. Depending on the county, usually everything will be signed by the judge and finalized in two to six months.
I can handle your needs with many of the same methodologies used in court, and work with the same experts, but unlike the litigation process, you will have more time and energy necessary to focus on your journey and next steps. I've had the privilege of serving later-life divorcing couples throughout my career, and I have been honored to receive praise and gratitude for my dedication and understanding.
This is all the more reason why mediation may make sense for you. Since the statutes and case law surrounding same sex marriage are still new, many same sex couples prefer to settle out of court. Couples can reach an agreement based on their shared history together and a sense of fairness.
It's never too late to start mediation. I became a mediator because I noticed too many couples losing control during litigation and checking out of their own divorce. The mediation will give you and your spouse more control and say over the process.
I have experience with complex litigation. I know how to work in conjunction with your lawyers and your court schedule. Even if you began the process in court, mediation allows you to reshape the direction of your divorce positively. Mediation can help narrow the issues, diffuse anger, and streamline the process, even if you can't agree on everything.
This is where mediation and out-of-court settlement can be especially beneficial. Unlike the litigation process, mediation gives both parents the ability to create a schedule with their children that is realistic, fair, and loving. It also gives you greater flexibility should you need to adjust your schedule in the future.
As long as you are informed and propose a reasonable alternative, you don't have to adhere to New York's child support formula. I can sit down and help you explore what the needs and resources are for both households. Many couples I work with come up with their own formula that is realistic and recognizes the big picture of their family's needs and expenditures.
I am paid by the hour. In mediation, no retainer is needed, and payments are made at the end of each session. For legal services, payments will be made in keeping with my retainer agreement. I accept cash, checks, Paypal, Zelle, and Venmo. You and your spouse can negotiate how fees are allocated between you.