Arbitration Agreement For Divorce In Suffolk
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FAQ
During arbitration, you and your spouse will each state your cases, with or without legal representatives, along with evidence to support your argument. The panel of judges will listen to both sides and decide things such as asset division, spousal support, child custody and child support.
Settlement by agreement is the cheapest option and gives you the most control. Both mediation and arbitration are expensive, and arbitration is usually binding, so the ultimate decision is out of your control.
Mediation is not useful if the parties cannot engage in open dialogue with each other or if your spouse is more aggressive than you. If your spouse is hiding assets, the mediator may not ever find out.
In a divorce, you and your ex-spouse may have possessions and household furnishing to divide. A trained arbitrator conducts an arbitration hearing with the two disputing parties and, based on the facts and evidence presented, renders a legally binding award.
In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit. You may also write your own complaint without using a court form.
A custodial parent may file a petition with their local child support agency. That petition will then be forwarded to the New York City Law Department office in the county where the non-custodial parent resides. This matter will then be litigated in the New York City Family Court located in the same borough.
You may choose to file your own Family Court petition. To do so, go to the website listed below and choose the type of petition you want to file. Completed petitions must be filed with the General Clerk of the Family Court (631-853-4289).
Both sides will give opening and closing statements, present evidence, and call and cross examine witnesses in front of the arbitrator. After each side presents their case, the arbitrator will issue their decision within the time allotted in the arbitration agreement.
