If your family’s circumstances have shifted since your divorce, you may be considering ways to adjust your existing court orders. Using mediation allows you to address disagreements regarding child support, parenting schedules, or relocation without immediately heading to court, but failing to follow the correct process can leave your agreement unenforceable. For more detail, you can speak with the firm's NYC divorce lawyer.
Action Plan for Post-Divorce Disputes
- Evaluate your circumstances. Consider whether your situation allows for a safe and meaningful negotiation, as factors such as coercion, abuse, severe power imbalances, or an existing order of protection can make mediation an inappropriate choice.
- Gather essential documentation. Prepare for your sessions by identifying the specific records needed for your dispute type; for example, financial documentation like tax returns or pay stubs is helpful for support disagreements, whereas parenting matters may require school calendars or work schedules.
- Choose your mediation path. Select an appropriate starting point for your process, as mediation options range from private practitioners to community centers or specific programs connected to the court system. It is helpful to know that while personal costs for private mediators fluctuate, many Community Dispute Resolution Centers provide parenting mediation for free, with various other services available at little to no cost.
- Confirm participation requirements. Ensure all parties are willing to engage, as sessions cannot commence in programs such as the NYC Family Court Custody/Visitation Mediation Program unless both sides have signaled their agreement to participate.
- Communicate your proposed changes. During your sessions, you will focus on defining the points of disagreement and drafting potential solutions, with the mediator facilitating the conversation and keeping a record of any points where you find common ground. This process relies on both sides engaging openly to resolve the issues at hand.
- Review terms with a lawyer. Before finalizing any agreement, consult with an attorney to see how the new terms might affect your existing court order. This step ensures you understand the legal implications before you sign anything.
- Submit the agreement for court approval. Recognize that a signed agreement does not supersede an existing court order by itself, meaning you must formalize the terms and obtain court approval to make the changes legally effective.
- Initiate court proceedings if necessary. If your co-parent refuses to participate or if you are unable to reach a resolution, you should prepare to bring the matter before a judge or referee. Furthermore, if the other parent is violating a current order, you will need to seek enforcement through the court, as a mediator lacks the authority to provide the remedies that a formal court proceeding offers.
For the full detail, including the exceptions, read the original article from our Juan Luciano Divorce Lawyer.
About the author
Juan P. Luciano represents clients in divorce, custody, support and separation matters from offices in Manhattan and the Bronx. A certified attorney for the child and a past president of the Bronx Family Court Bar Association, he has taught as faculty for the Practicing Law Institute and serves clients in English and Spanish.
Visit our Manhattan office
Juan Luciano Divorce Lawyer, 347 5th Ave, Suite 1003, New York, NY 10016. Call (212) 537-5859 to schedule a consultation.
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Related reading: Manhattan divorce mediation lawyer.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
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