This is a common question and concern.

What if I Want a Separation and My Spouse Doesn’t?

My experience tells me that if one person wants out of the marriage, inevitably the separation will occur.  It’s only a matter of time and the method they choose to effectuate process.  When one spouse is reluctant to end the marriage, it puts the “initiating” spouse in a difficult position.  On one hand, the initiating spouse knows how hard this will be on their spouse but on the other hand they may still feel that separating is the best alternative to a marriage that no longer works for them.

In many cases, the news of wanting a separation does not come out of left field to the recipient spouse. But marriage is a complicated matter and when a marriage is showing signs of trouble, it can take months if not years for the wear to begin to rub at the fabric of the relationship. Some couples will try marriage counseling while others feel that it’s too little too late. Other couples will just drift along in a state of status quo neither happy nor unhappy but perhaps staying together for the sake of the children.

Usually the party who calls me to get information about mediation is the one who wants the separation or divorce and has had time to research their options, think about the consequences and taken the bold step to make the first call.  The fact that they have called a mediator, tells me that they want to work on the separation or divorce in the least contentious way possible and in the best interests for the family.

If the party who calls me has not even broached the subject of a separation with their spouse in any significant way, I can coach them about how to have that conversation.  It’s not an easy dialogue to have for sure, but it can be done in a meaningful and empowering way and will certainly set the groundwork for a successful mediation.

Ada L Hasloecher
Divorce Mediator / Center Founder

Divorce & Family Mediation Center, LLC

Phone: 631-585-5210

eMail: Info@DivorceandFamilyMediationCenter.com

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What If One of Us Just Moves Out of the House?

What If One of Us Just Moves Out of the House?

The question of who stays in the house is a big concern when couples are contemplating a separation or divorce.

It is one of the topics that is discussed and negotiated in mediation.  Sometimes couples have been under tremendous duress while living under the same roof and both spouses agree that one of them should move out for a while even though they have nothing in writing.

While it is preferable to have a legal separation agreement in place prior to making this move, for some couples waiting until that happens is extremely difficult and may potentially derail an amicable marital separation.  When couples choose to mediate, they are choosing a less complicated and more harmonious way to separate and divorce. Usually when one spouse moves out of the house, both parties have agreed that this is the best arrangement for both of them and the spouse who stays in the house will not use the leave taking as an excuse to cry “abandonment” in order to try to get the upper hand.

Some couples come to mediation and after having decided to separate or divorce after years of living apart with nothing in writing but a tacit agreement about their circumstances.  In either case, we can begin the mediation from exactly where they are with the understanding that they know what was in their own best interests.

During this period of time, it’s important for the couple to have an agreement about how the mortgage or rent will be paid.  The home is still a marital asset and must continue to be paid regardless of who is currently living in the house.  Both parties lose when marital assets are dissipated.

For those couples who have separated and are concerned about their current living arrangement, we can provide them with a temporary Agreement to allow for a more relaxed and fluid mediation.  With this Agreement in place, the spouse who has moved out, or is about to move out of the home, is not giving up his or her rights to the house, but rather consenting to a more thoughtful approach to deciding what will ultimately be done with the respect to the custody arrangement, the house and equitable distribution of both the assets and debts.

Once all of these issues are addressed, negotiated and agreed to in the mediation process, then a Separation Agreement or Stipulation of Settlement can be drawn up.

Ada L Hasloecher, Mediator / Center Founder

What About the House? Or Click Here.

Have Questions or Concerns?

Call or eMail Us Today
to Schedule a No-Cost, No-Obligation, Phone Consultation With One of Our Mediators

Note that ALL calls are Confidential!

Phone Us At: 631-585-5210

or eMail Us At: Info@DivorceandFamilyMediationCenter.com

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A Divorce Mediator Can Help a Couple Figure Out What to do About the House in a Divorce

What Happens to the House When We Separate?

When couples are separating the question of what happens to the house is a big topic of conversation and negotiation during the mediation.  Each couple comes with a different set of circumstances that will drive the answer to this question in one of several directions. As a general rule, there are several reasons that couples will want to hold onto the house: emotional attachments; keeping the children in the school system; and/or financial reasons.

In the first case, some couples just love their house, have poured their heart and soul into it, raised their family there and are reluctant to leave.  Since they are separating, other than selling it, only one of them can stay in the house if they both agree.

For couples with children, they first have to determine who will have residential custody of the children and whether or not keeping them in the current school system and/or the house is important to them.  Even in cases where the house must be sold, it’s still possible to keep the children in their current school system by purchasing a new home or condo or finding a rental in the district.

For other couples who have been married and lived in the home for many years (and who did not take out home equity lines of credit or refinance the house), the mortgage may be mostly paid off and the monthly expenses on the house are far less than if they were to purchase a new home.  If once spouse wants to continue to live in the house, they will work out a buyout for the fair market value of the house so the other spouse can get their equity and purchase a new home.  If their children are emancipated and have moved on, they often decide to sell the house, take the equity and purchase something smaller and more manageable.

Whatever the circumstances are, in order to separate the emotional issues from the financial ones, one of the most important things I do in my practice is to help the couple determine what they need monetarily to move forward and live separately and apart.  When we have worked out their monthly budget, then we see what their respective incomes are including earned income, child support, maintenance/alimony (if appropriate) and any other sources of revenue (social security, etc.).  When we back those numbers into the budget, we can see if the mortgage payments and utility costs are within their means or beyond their ability to sustain the upkeep on the house.

If it’s decided that one of the parties will stay in the house, then the next question is for how long.  In mediation, we discuss a time-line for either a sell date or a buyout to allow the non-residential custodial parent to get his or her equity out of the house.

Ada L Hasloecher, Mediator / Center Founder

The other option is to sell the house now and negotiate the splitting of the net sale proceeds.

What About the House? Or Click Here.

Have Questions or Concerns?

Call or eMail Us Today
to Schedule a No-Cost, No-Obligation, Phone Consultation With One of Our Mediators

Note that ALL calls are Confidential!

Phone Us At: 631-585-5210

or eMail Us At: Info@DivorceandFamilyMediationCenter.com

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Click Play Buttons below for audio answers to Your Questions:

By Ada L Hasloecher, Center Founder / Mediator

Separation can bring a much needed “time out” and cooling off period.

Should We Get Separated?

Having sought and found our website, you are already contemplating this very question.  It is indeed an important and very personal one – one that only you can ultimately answer.  Understandably you may be feeling ambivalence, disappointment, disbelief, anxiety and uncertainty. Thinking through your options is an important first step in coming to whatever conclusion is right for you.

There are some couples who come to a mutual agreement that it is best to physically separate from each other. When the parties have participated in couple counseling, and after a thorough process in therapy, have come to realize that the marriage is over and it makes sense to go their separate ways, the next logical step into mediation is a natural one. There are other situations when one spouse wants the separation and the other doesn’t.  Often when one spouse has decided that they want to separate, it will probably happen sooner or later.

To help you consider whether or not to take the steps of separation, the following circumstances may help to clarify whether this is a prudent to step for you:

• You cannot communicate with each other without constantly arguing
• You have completed couple counseling and have determined that a separation from each other is the next logical step to take
• You are both fighting with each other and the tension in the house is impacting the children
• One of you has moved out of the marital home for an extended period of time
• The distrust between the spouses  cannot be resolved in a meaningful way
• You are not even good roommates let alone soul mates
• You have come to realize that your values, philosophy and interests are no longer compatible with each other

A Divorce Mediator can help.

There may be other reasons, not included in this list, that are your own private reasons to contemplate a separation. But the important thing to remember is that if you feel that you can no longer live amicably or comfortably together in the same house, it may be time to consider a separation.

For many couples, a physical separation can bring a much needed “time out” and cooling off period. During this time a reconsideration of the marriage can be explored without the tension of living under one roof.  The opportunity to investigate other means to try to work on the marriage can be considered as can an amicable way to end the marriage. If an amicable ending is imminent, mediation is the certainly the way to go.

Have Questions or Concerns?

Call or eMail Us Today
to Schedule a No-Cost, No-Obligation,Phone Consultation With One of Our Mediators

Phone Us At: 631-585-5210
Note that ALL calls are Confidential!

or eMail Us At: Info@DivorceandFamilyMediationCenter.com

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There's Less of a "Struggle" When Mediating a Separation or Divorce

What is the Difference Between
a Separation and a Divorce?

Because New York State is the last state in the union that is NOT a no fault divorce state, this means that you and your spouse cannot simply say that you have “irreconcilable differences” in order to divorce.  You are required to state the grounds for a divorce and to this end you have several options to pursue a separation and ultimately a divorce.

• Option #1:  You and your spouse can choose to live under the terms of a Separation Agreement for one year or more and then file for an uncontested divorce.  At any time after the minimum of one year that you have lived under the terms of the Separation Agreement, you can file for an uncontested divorce.  Remember that once the year is up, it does not mean that the divorce judgment is final. It simply means that you have the option to file for an uncontested divorce whenever you and your spouse are ready.  Like any other contract, a Separation Agreement is a legal, binding contract and is enforceable in court.  There are a variety of reasons that some couples will live under the terms of a Separation Agreement rather than file for divorce right away and we discuss this in great detail during the mediation.

• Option #2:  Of course, you do not have to live under the terms of Separation Agreement but rather file for the divorce right away. If you choose this option, instead of signing a Separation Agreement, you will sign a Stipulation of Settlement.  This document is almost identical to the Separation Agreement in that it also details all of the mutual agreements that you and your spouse have made with each other in the mediation.  There are several differences with the main one being that there is an additional provision that addresses “grounds for divorce.”  The Stipulation of Settlement will become part of a number of other documents that you must sign in order to file for the divorce immediately.  As with the Separation Agreement, there are also a variety of reasons that couples may choose to file for the divorce right away and they will be explored during the mediation as well.

Regardless of which avenue you pursue, it’s prudent to sign off on a written agreement once you and your spouse have decided to separate. As long as an Agreement has been signed and notarized, there will no longer be any liabilities toward each other except for the ones you have authorized in your Agreement.

What is a Separation Agreement vs Stipulation of Settlement? Or Click Here.

Have Questions or Concerns?

Call or eMail Us Today
to Schedule a No-Cost, No-Obligation,Phone Consultation With One of Our Mediators

Phone Us At: 631-585-5210
Note that ALL calls are Confidential!

or eMail Us At: Info@DivorceandFamilyMediationCenter.com

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