Can we use one attorney?

No. New York law prohibits one attorney from representing both parties in a divorce case. If your spouse says that his or her attorney can represent both you, you’re being set up. It’s a trap. Your spouse’s lawyer is your spouse’s lawyer. His job is to help and take care of your spouse – not you. Call our office immediately. Even if you don’t hire a lawyer, you really shouldn’t work with your spouse’s lawyer as if he were your own.
 

How much will my case cost?

It depends. At the start of your case, your lawyer has no idea of how much your case will cost. Simple uncontested cases can usually be resolved for a reasonable price. Other cases cost more. If your case involves a lot of negotiating or fighting, it will cost more.
 

How can I keep my costs down?

Be a good client. Gather records and documents and get them to us promptly and in an organized way. Make a list of things to talk about before your call – that will help to keep communications organized and productive. One call resolving five issues is better than five, one-issue calls. Don’t bring your lawyer into emotional contests with your spouse. Rely on your therapist, family, and friends when you need to unload emotional matters. You can trust your attorney to listen to your concerns, but you’re paying by the hour.
 

How long is this going to take?

Unfortunately, the timeframe for a divorce is very difficult to determine―and you should be cautious of any attorney who claims to know the answer. Lawyers you speak with will only hear your side of the story, which may be 100% correct, but that doesn’t tell any lawyer what the other side is going to claim or do. Generally, the length of a divorce depends on your particular situation as well as factors beyond your control, such as:

• The degree to which you and your spouse agree on issues
• The cooperation between you and your spouse
• The court schedule in a particular county
• In circumstances where both spouses agree on every issue, a divorce can usually be completed in a few weeks (this is called an “uncontested divorce”).

However, if the parties cannot agree on custody, property division or other matters, a divorce can take at least a year or more. If there are issues involving concealed or hidden assets, a divorce can take as long as several years to complete.

What is Collaborative Divorce, and how is it different from a traditional divorce?

Collaborative Divorce is a voluntary, private dispute resolution process that takes place completely outside the courtroom. It allows you and your spouse to negotiate all issues of your separation and divorce, supported by a team of professionals trained in collaborative law.

The key difference from traditional, litigated divorce is the fundamental commitment to avoid court. Instead of battling in front of a judge, you meet in focused settlement sessions with your spouse and your respective collaborative lawyers, creating customized solutions for you and your family. This approach focuses on needs and interests rather than legal positions, which preserves relationships and minimizes emotional damage.
 

What is the Collaborative Participation Agreement, and why is it important?

The Participation Agreement is the foundational contract of Collaborative Divorce. It is a signed legal document by both spouses and both collaborative attorneys that commits everyone to resolving the matter outside of the courtroom.

The most critical clause in this agreement is the disqualification rule: if the collaborative process breaks down, both attorneys must withdraw, and the parties must hire new counsel to pursue litigation. This rule is a powerful incentive for all parties to commit fully to the process and negotiate in good faith, as no one wants the expense and delay of restarting the legal process with new lawyers.
 

What is the difference between Collaborative Divorce and Divorce Mediation?

While both are non-litigation options, the primary difference lies in the role of legal representation:

Is Collaborative Divorce faster and less expensive than traditional litigation?

Yes, in the vast majority of cases. Traditional litigation is subject to backed-up court calendars, mandatory filings, and judicial procedures that often prolong the process.

In contrast, Collaborative Divorce typically:

• Reduces Delays: Meetings are scheduled according to the parties’ availability, not the court’s calendar.
• Saves Money on Experts: Instead of each side paying for a “dueling expert” (e.g., two appraisers), the team employs a single Financial Neutral expert whose findings are shared and accepted by both parties, significantly lowering costs.
• Focuses Time: It avoids paying attorneys for costly, aggressive court motions that only escalate conflict.

While Collaborative Divorce may be more involved than simple mediation, it is typically less costly—financially and emotionally—than litigation.

Do I still receive strong legal advocacy in the collaborative process?

Absolutely. Your collaborative attorney’s primary function is to protect your interests, advise you on your legal rights under New York law, and help you strategize.

The difference is the nature of the advocacy. In litigation, advocacy is focused on winning a legal position. In the collaborative process, your attorney practices interest-based advocacy, which means fighting for the best achievable outcome that meets your essential needs while aligning with the non-litigation commitment. Your attorney ensures that all proposed solutions are fair, legally sound, and informed.

What happens if the Collaborative Divorce process fails, and we can’t reach an agreement?

While the goal is success, the potential for failure does exist. Every case is different. If you and your spouse reach an impasse and the process is formally terminated, the disqualification rule is immediately triggered.

• Both collaborative attorneys must withdraw from the case.
• Each spouse must find new legal counsel to pursue the divorce through traditional litigation in the court system.

This rule is designed to ensure maximum commitment from the start, as it provides a strong incentive for both parties to stay at the negotiation table and commit to a creative resolution.

What is the role of the Collaborative Team, and who are the professionals involved?

The Collaborative Team is a group of specialized professionals used on an as-needed basis to ensure a complete and successful settlement:

The professionals that may be involved in your Collaborative Team include:

• Collaborative Lawyers: Each party’s attorney provides continuous legal advice, advises on rights under New York law, and facilitates interest-based negotiations.
• Financial Neutral: A neutral financial expert (such as a Certified Financial Planner or forensic accountant) provides a single, objective analysis of the marital assets, debts, and income. They help structure division proposals, eliminating the cost and conflict of using two opposing financial experts.
• Divorce Coach (Mental Health Professional): A neutral coach helps manage high-level emotion, facilitates effective communication between the spouses, and assists with effective co-parenting plans. They stabilize the emotional environment, preventing personal conflict from derailing legal and financial negotiations, which ultimately saves legal fees.
• Child Specialist: A neutral expert trained in child development who represents the best interests of the children. They gather information and provide guidance to the parents on co-parenting and the children’s needs without the child having to speak directly to the lawyers or parents in the meetings.

Is Collaborative Divorce right for every couple?

No, Collaborative Divorce requires a mutual commitment to transparency and negotiation. It is not recommended if:

• There is a history of domestic violence or abuse, which creates an overwhelming power imbalance.
• One spouse has a proven history of dishonesty or non-disclosure regarding assets and income, as the process relies on voluntary, good-faith information sharing.
• One party is simply unwilling to communicate respectfully or compromise.

Collaborative Divorce works best for couples who prioritize control, privacy, and their children’s well-being over a court fight, even if they currently feel anger or disagreement.