Q: What if one of us doesn’t want a divorce?  
A: If one partner doesn’t want a divorce, couples mediation can be a helpful first step. It offers a neutral space to address conflicts and explore whether reconciliation is possible before proceeding with legal steps.  

 

There are two types of divorce:  
- Uncontested Divorce: Both spouses agree on getting divorced and on matters like child custody, finances, and property division.  
- Contested Divorce: One spouse disagrees about getting divorced, the legal grounds for divorce, or issues like child custody and property.  

 

Mediation is also an option for divorce-related discussions, but Hodgson Mediation only handles uncontested divorces.  

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Q: What do I need to get a divorce? 
A: To get a divorce in most states, you typically need:  

- Residency: At least one spouse must live in the state for 6–12 months, depending on local laws.  
- Grounds for Divorce: Most states allow no-fault divorces (e.g., irreconcilable differences), though fault-based options exist in some cases.  
- Legal Process: File a petition, serve your spouse, disclose finances, and resolve issues like custody and property through mediation or court.  
- State-Specific Rules: Requirements vary, including waiting periods or parenting classes for couples with children.  

Check your state’s laws or consult an attorney for detailed guidance.

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Q: Can I get a divorce if I’m in a same-sex marriage?  
A: Yes, divorce laws in most states, including New York, apply equally to same-sex and heterosexual couples. Key issues like property division, child custody, and spousal support are treated the same. Mediation is a cost-effective and amicable way to resolve these matters, offering a neutral platform to reach agreements without litigation.  

For state-specific details or further assistance, consult local guidelines or legal professionals.

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Q: Does a mediator write up a divorce decree?  
A: Not exactly. A mediator, like Eric Hodgson, helps draft a **Memorandum of Understanding (MOU)**, which outlines the agreed terms. Once signed and filed with the court, it becomes a binding divorce agreement.  

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Q: What is a Memorandum of Understanding (MOU)?**  
A: The MOU is the final document from mediation. It outlines agreements on:  
- Property and asset division  
- Spousal support  
- Child custody and parenting plans (if applicable)  

Each MOU is tailored to the couple's unique needs and becomes a legal contract once filed with the court.