Westchester Divorce Negotiation Attorneys

Representation for negotiating fair and equitable divorce settlements

Divorce is almost never a simple process, even if the split is an amicable one. When a couple has assets to divide, or income subject to child support or alimony, or disagreements over custody and parenting time, it is important to have experienced legal counsel. Many divorcing spouses can achieve their goals through negotiation and never have to see the inside of a courtroom.

At Berkman Bottger Newman & Schein LLP, our Westchester divorce attorneys have decades of experience helping clients negotiate divorce and family law matters and reach resolutions without resorting to litigation. Our boutique family law firm guides you through each step of the process with confidence.

Smart solutions equal fair settlements

Our attorneys understand that every couple’s financial situation is different, which is why we always design a custom strategy when negotiating a settlement. We work closely with each client to get a thorough understanding of not only their financial situation – including assets, debts, goals, hopes, and worries - but also the best interests of any children of the marriage. We do this with the goal of reaching an out-of-court settlement.

Our attorneys range from fierce litigators to careful mediators. We realize the value – both financial and emotional – of reaching a divorce settlement out of court when possible. Productive negotiating requires an intricate balance of tactics, strategy, foresight, and respect. Only with a great understanding of not only the underlying law, but how to present it in the context of a negotiation, do fair and equitable settlements arise. This is what our lawyers do.

What types of divorce negotiations are available?

There are a variety of ways to come to a mutually agreeable settlement in a Westchester, New York divorce. Some divorcing couples can sit down together and come up with their agreement over lunch, and have their attorneys review the agreement afterward. Other couples may dispute certain issues, like child custody, spousal support, or property division, and need attorneys to step in and negotiate on their behalf. These out-of-court alternatives include:

Alternative dispute resolution

Alternative dispute resolution, or ADR, is an umbrella term that encompasses processes like mediation, collaborative divorce, or arbitration to resolve issues couples cannot resolve on their own. Using ADR can save divorcing spouses the time and money of hammering out these disputes in the courtroom.

The attorneys at Berkman Bottger Newman & Schein LLP are well-versed in all types of alternative dispute resolution. Further, negotiations and ADR tend to be less expensive than litigation, as they take place outside of the courtroom.

Mediation

Another popular type of divorce negotiation is mediation. With this process, a neutral third party serves as a mediator and guides the spouses toward agreement in a non-aggressive manner. The mediator works to help the couple find agreement and work toward a mutually agreeable divorce settlement. Many couples who are able to cooperate and work together prefer mediation, which is less confrontational and often less expense than court-oriented alternatives.

Collaborative divorce

Collaborative divorce is another form of dispute resolution that takes place outside of the courtroom. During this process, each spouse has their own attorney who is trained in the collaborative process. Part of this process is agreeing to take the threat of litigation off the table and agreeing to work in a collaborative manner. Part of collaborative divorce involves the input of financial, child custody and other professionals to help build a fair and equitable agreement.

Uncontested divorce

An uncontested divorce is a divorce in which the parties have, usually with the help of counsel, resolved all the terms of the divorce without court intervention. The word “uncontested” can be confusing to laypersons – it does not mean that divorcing spouses agree on everything right away. Indeed, a so-called “uncontested” divorce can require lengthy and at times contentious negotiations. But the key is, it ends without a court of law getting involved.

With an uncontested divorce, both spouses must eventually agree on all terms of the divorce. Each spouse agrees regarding grounds for divorce, spousal maintenance, property and asset division, child support, and child custody / visitation. Typically, grounds for an uncontested divorce are “irreconcilable differences.”

Benefits of divorce negotiations

Divorce negotiations, particularly through alternative dispute resolution methods such as mediation, collaborative law, and uncontested divorce, offer several benefits compared to traditional divorce proceedings.

Here are some main advantages:

• Cost-effective: Divorce negotiations typically involve less legal wrangling and court appearances, which can significantly reduce legal fees and other associated costs. This is particularly true in cases of uncontested divorce or where parties reach agreements through mediation or collaborative law.
• Faster resolution: Traditional divorces often involve lengthy court proceedings, which can drag on for months or even years. Negotiated settlements, on the other hand, can be reached much more quickly, allowing both parties to move on with their lives sooner.
• Greater control and flexibility: Negotiated settlements give divorcing couples more control over the outcome of their divorce. Instead of having a judge make decisions for them, they can work together to find solutions that meet their unique needs and circumstances. This can lead to more creative and tailored agreements that address the specific needs of each party and any children involved.
• Reduced conflict and stress: Divorce negotiations focus on finding common ground and reaching mutually acceptable solutions, which can help reduce conflict and minimize the emotional toll of the divorce process. This can be particularly beneficial for any children involved, as it allows parents to maintain a more amicable relationship and cooperate in co-parenting effectively.
• Preservation of privacy: Traditional divorces often involve public court proceedings, which can expose sensitive personal and financial information to public scrutiny. Negotiated settlements, on the other hand, are typically private and confidential, allowing parties to maintain their privacy and dignity throughout the process.
• Improved post-divorce relationships: By working together to reach a settlement, divorcing couples can often preserve or even improve their relationship post-divorce. This can be especially important in cases where there are children involved, as it allows parents to continue to cooperate and communicate effectively in co-parenting their children.

How can a Westchester attorney help me with divorce negotiations?

Because financial issues tend to play such a major role in many divorces, it is paramount you have experienced and strategic counsel on your side. Our attorneys are skilled negotiators who zealously work toward achieving your goals, with the goal of strengthening your financial, emotional, and mental health in your post-divorce life.

With the right law firm, many divorces can be resolved through negotiation. Negotiation involves exchanging financial documentation; preparing detailed statements of your assets, debts, and expenses; evaluating your needs and goals in the context of the law of New York State; and crafting settlement offers and counteroffers. Skilled and experienced attorneys who have spent years doing these exact things can make the difference between a fruitful and relatively fast negotiation process, and one that drags on and becomes extremely costly.

The attorneys at Berkman Bottger Newman & Schein LLP strive to craft a strategy to secure what you need from your divorce.

Keys to a successful Westchester divorce negotiation

No matter what type of negotiation you choose, the key to a successful outcome is that both parties completely understand all settlement options and potential outcomes. Our attorneys have decades of experience working with high-asset and income clients and develop smart negotiation strategies to ensure an equitable and satisfactory outcome.

In our experience, keeping the following in mind can help lead to successful negotiations:

• Consult with experienced divorce attorneys – not a one-size-fits-all law firm.
• Ensure you are open to negotiations – they only work when both spouses are willing.
• Be patient – patience is key in divorce negotiations.
• Do not undersell yourself – never make your first offer your “bottom line.”
• Negotiate with facts – negotiating with emotions rather than facts can put you in a weaker position.
• Understand the law – even though negotiations take place outside of court, legal entitlement and obligations form the backbone of deals between spouses. Your attorney will thoroughly explain the law to you, but ask questions and make sure we are explaining it clearly!

At Berkman Bottger Newman & Schein LLP, we advocate fiercely for your best interests and negotiate from a place of strength. Our clients count on us to protect their rights, and that is exactly what we do.