The answer depends on some other questions that surface when a couple is getting divorced.
There are always a number of questions before and during our mediation sessions. When a potential client contacts me by telephone or by completing our contact form on our web site I encourage them to review the article on the site entitle, Preparing for Mediation. The information contained in that blog post identifies the areas the clients need to address prior to meeting with me for our first mediation session. However, the most frequently asked question when we commence mediation is, “How long will it take to get our divorce?”
This question has a number of answers that require the clients to think about and try to view each response in the framework of their new life as a single person and/or single parent. First, there is the question of do you want to progress from a legal separation to a divorce? If the answer is “yes,” the time frame in New York State is usually between six and eight weeks depending on the availability and work-load of the judges where the Separation Agreement is filed.
The next issue to resolve is health insurance coverage. If one spouse is providing health insurance for the other that coverage can continue during a legal separation, but the coverage cannot be provided once the divorce is granted. So, this is an economic issue the parties need to consider and is often a factor in negotiating financial matters. One can continue to provide or receive health insurance for or from your spouse as long as you are legally separated. You can be legally separated indefinitely.
Finally, some clients are not convinced they want a divorce. A legal separation allows them to test the terms of a divorce without filing for one. Not often, but occasionally, the parties get back together.
These questions and many others are within the scope of our mediation process. In addition, there are over twenty articles on our site that include but are not limited to Retirement and Pension Plans, Parenting, and the Nuts and Bolt issues about divorce mediation. Take some time and review the articles that are of interest to you. And remember, there is never a question not worth asking.