Collaborative Divorce New York

Collaborative Divorce

Like divorce mediation, collaborative divorce is an alternative dispute resolution (ADR) process. However, in collaborative law (also referred to as collaborative practice) each spouse is represented by an attorney specifically trained in the collaborative process.

As the name implies, collaborative practice is a team approach. Depending on the circumstances, other professionals may be involved such as financial planners (financial neutrals) and mental health professionals.

Unlike mediation, if the collaborative process fails and the parties decide to pursue litigation, the attorneys must withdraw from the case and the spouses must hire new legal representation.

Is Collaborative Divorce Right for Me?

Collaborative Divorce is appropriate for any couple who has discussed the possibility of divorce and chooses to go into the process willing to treat the other party with respect, sincerely wishing to remain “out of court.”

It is important to remember that when entering into a Collaborative Divorce arrangement, you and your spouse have open lines of communication as well as a desire to resolve issues without resorting to threats or “position taking”.

Divorcing parties engaged in the Collaborative process maintain a willingness to be totally transparent throughout, in the interest of achieving an amicable resolution at an affordable price.

Making a Commitment to Resolve Your Disputes Amicably

In the initial Collaborative meeting there are generally four individuals present – the divorcing parties and their lawyers. In this meeting, everyone enters into a contract, committing to settling matters without threatening a lawsuit or “going to court.”

The parties determine what additional team members, if any, will be helpful in resolving issues. The attorneys then assist clients in finding parenting specialists, financial specialists and divorce coaches as needed. These committed members of the Collaborative team provide valuable insight in reaching resolutions both parties can be  comfortable with.

Why Choose Collaborative Divorce in the New York Court System?

Navigating the traditional New York family court system can be an exhausting and drawn-out experience. One of the more significant pain points for divorcing couples is the backlog in the local courts. In a standard litigated divorce, simply filing a Request for Judicial Intervention (RJI) to have a judge assigned to your case can take months of waiting just to secure a preliminary conference date. Your family’s timeline is entirely at the mercy of an overburdened docket.

Collaborative divorce offers a strategic alternative designed to completely bypass these systemic delays. By committing to resolve your issues outside of the courtroom, you and your spouse dictate the pace of your negotiations, allowing for a much faster resolution than traditional New York litigation.

Furthermore, the collaborative process protects your privacy. In NY courts, your financial affidavits, business valuations, and personal disputes become matters of public record. In stark contrast, collaborative meetings occur in private settings, ensuring your sensitive financial and family information remains strictly confidential. For New York residents prioritizing discretion, efficiency, and control, the collaborative process provides a dignified path forward without the stress of the NY court system.