Helpful Guidance from a New York Divorce Lawyer
In a collaborative divorce, both parties officially agree not to go to
court but rather to seek a negotiated agreement regarding the terms of
their divorce. Each side is represented by a New York divorce lawyer who
can provide legal advice and assist in negotiations and pursuing a just
outcome. A spirit of cooperation is stressed, which can not only help
both parties save time and expense but also make the process less emotionally
stressful. If there are children involved, it can also be of immense benefit
in that it protects them from lengthy and acrimonious conflict which can
destroy their sense of family security.
Part of the collaborative process includes both parties agreeing to disclose
all relevant financial information and documents, to not take advantages
of any mistakes by the other side and to respect each others' priorities.
It can involve four-way conferences and negotiation and, if needed, the
input of professionals such as accountants and financial planners. When
a mutually agreeable resolution is achieved, both parties are more likely
to uphold the terms of the agreement and thus avoid the need for spousal or
child support enforcement or similar actions.
Divorce Mediation in New York
Mediation is one of the most effective approaches to a collaborative approach,
and also one of the most common. In fact, the Collaborative Family Law
Center of the New York State Unified Court System offers free divorce
mediation services – for those who meet certain eligibility requirements.
With this free service, spouses may receive up to 4 to 6 sessions with
program mediators. Such sessions are held at the Collaborative Family
Law Center in Manhattan and will last 90 minutes each.
With divorce mediation, both spouses must agree to take this approach.
They will meet with a neutral party, a mediator, who will work to facilitate
communication between the spouses so they can reach their own agreement
regarding any issues they must resolve in relation to their divorce. This
may include custody, property division, the division of assets, spousal
support and child support. The mediator does not have the authority to
make these decisions for the spouses but rather tries to help them work together.
Once all decisions are agreed upon, a written agreement can be drawn up
and then incorporated into an Order or Judgment of Divorce. Only a court
order or judgment makes the divorce final.
Is a collaborative approach right for me?
A collaborative divorce offers a number of advantages. It can significantly
reduce the length of time for a divorce to be finalized and can make it
far less expensive. Spouses may also experience more freedom when it comes
to working out custody, support and property division agreements, as they
know more than anyone else what may work for their family.
In spite of these advantages, mediation or another collaborative approach
may not be the best solution for everyone. A lawyer who is experienced
with collaborative and
contested divorce can offer insight on how your unique situation may be impacted by each
approach. Considering all of your options is essential when you are considering
a life-changing matter like a divorce.
Legal Representation in a Collaborative Divorce
When you are confronted with the task of determining such vital issues as
child support and
spousal support, we can help. With over 30 years in practice, the team at Eiges &
Orgel, PLLC has the expertise to tactfully address your negotiations and
identify solutions which may not otherwise be apparent. A collaborative
divorce does not involve a public record of the details of your divorce
and allows you much more input into the outcome of issues regarding your
children and finances.
Contact a New York divorce lawyer
for help addressing your divorce in a respectful and efficient manner.