New York City Collaborative Divorce Lawyers

Should We Be Looking at Collaborative Divorce?

Collaborative divorce is a relatively new process in family law practice. It was born out of the realization that not every couple seeking to end their marriage does so from a place of anger. Rather, some spouses just conclude that their relationship no longer works for a variety of reasons and have accepted that they will be happier apart.

Even for couples who do hold animosity toward one another, collaborative divorce can be the best option if they can remain practical and have the ability to cooperate.

What Are the Benefits of a Collaborative Divorce?

Choosing the collaborative divorce process over litigation has advantages for those couples best suited to this method of conflict resolution. Collaborative divorce:

• Can allow for lower fees than extensive litigation.
• Is a lower stress option for both parties.
• Is easier on everyone involved.
• Offers more flexibility to find solutions that work for your family.
• Is a faster process because everyone deals in a forthright manner.
• Can plant the seeds for a better relationship after divorce.
• Is a more emotionally supportive environment.
• Can lead to fewer post-divorce issues.

Because using collaborative methods often yields faster settlements in a healthier environment, it gives parties an edge in obtaining a speedier dissolution to their marriage. You are not at the mercy of the court’s docket, which can delay trials for months leaving more time for parties to engage in costly conflict.

Is Collaborative Divorce Better for Your Children?

A primary concern for any divorcing couple is the effect it will have on their children. Children feel torn between their parents when they witness conflict, particularly when that conflict revolves around them. Even when parents argue over who will have residential custody of their children, kids can feel like their needs are being ignored as parents rarely consult them about custody matters.

The collaborative process takes children into account, even allowing them to have a voice when appropriate. It offers parents the opportunity to create a long-term positive outcome for a successful co-parenting relationship that can eliminate feelings of stress and anxiety children often experience in a custody battle. Unlike litigation, collaborative divorce usually does not directly involve children in the legal process, for example by giving them an attorney or asking them to speak to a forensic psychologist.

You and your children deserve to enter the next stage of your lives with a healthier outlook on your parent-child relationship, and collaborative divorce can help achieve that.

The Collaborative Divorce Process in New York City

The collaborative divorce process generally involves several key steps:

• Initial Consultation: Each spouse meets with their respective collaborative lawyer to discuss their goals and concerns. This is an opportunity to understand the collaborative process and how it can address their specific needs.
• Signing a Participation Agreement: Both parties and their attorneys sign a participation agreement that outlines their commitment to the collaborative process. This agreement includes a clause stating that if the collaborative process fails and litigation becomes necessary, the attorneys involved cannot represent the clients in court.
• Team Formation: Depending on the complexity of the case, additional professionals may be engaged, such as financial advisors or child specialists. These team members assist in gathering relevant information and facilitating discussions.
• Information Gathering: The parties exchange financial information and any other relevant documents to ensure transparency. This step is crucial for informed decision-making.
• Negotiation Sessions: The couple and their team participate in a series of meetings to negotiate terms. Each session focuses on different issues, such as asset division, custody arrangements, and support obligations. The collaborative lawyers guide the discussions, ensuring that both parties’ needs and interests are addressed.
• Finalizing the Agreement: Once an agreement is reached, the collaborative attorneys draft a settlement agreement that outlines the terms. This agreement is then submitted to the court for approval, finalizing the divorce.

Important Considerations in Collaborative Law

While collaborative divorce offers many benefits, it’s essential to consider a few factors before proceeding:

• Willingness to Cooperate: Successful collaboration relies on both parties’ commitment to working together. If one spouse is unwilling to cooperate or engage respectfully, the collaborative process may not be suitable.
• Complex Cases: In cases with significant assets, business interests, or complicated custody arrangements, it may be beneficial to involve additional experts early in the process. Collaborative teams can include financial planners or child psychologists to ensure comprehensive support.
• Legal Representation: Both parties must have separate legal representation throughout the collaborative process. It’s crucial to choose attorneys experienced in collaborative law to navigate the complexities effectively.
• Potential for Litigation: If the collaborative process fails, both parties will need to find new attorneys for litigation. It’s essential to be prepared for this possibility, although most couples find collaborative law to be a productive approach.

Empower yourself during your divorce process! Schedule a free legal consultation with our experienced New York City Collaborative Divorce Lawyers. Call now at (212) 466-6015