Collaborative divorce is a completely private process that helps you achieve a settlement which focuses on the needs of your family. It is unlike the traditional method of divorce, where the divorcing couple fight in court, with each attorney ready to do battle for the client. While you are still represented by your own attorney in the Collaborative model, each attorney has agreed to work within the team to help you reach your ultimate outcome; what is best for your family and your future.
There is also a support team to provide guidance and assistance to each party, including a financial expert, a divorce coach and a child specialist. Each of these team members are neutral participants and are included in the process to provide you with the tools you will need to make fully informed decisions. This process puts the power in your hands and encourages you and your spouse to explore what your true interests are (as opposed to your position or stance) and come up with a solution that will enable you to move forward independent of each other.
While, at first glance, it may seem that including these additional professionals will increase your costs, that is not necessarily the case. Bringing in particular experts, such as financial neutrals who are skilled at running the numbers quickly and efficiently, can save a tremendous amount of time and money for the parties. And without the attorneys filing frivolous motions and no court appearances, there are huge cost savings regarding your legal bills. How expensive the process becomes depends largely on the parties involved but it can certainly save you a tremendous amount of money.
There are three main principles that are essential to ensuring that the Collaborative Divorce process will be a success:
Each party must agree, in writing, that they will work together in a mutually respectful manner and will not take the matter to court, nor will they threaten to do so. The couple, the other professionals and each attorney must sign this agreement before the process can begin. If the process breaks down and the couples then decide to move forward with filing an action in court, which is always your legal right, then each professional on the team, including the attorneys, must back out of the case and the couple must hire new legal counsel for the court action.
There is full disclosure of all information, including financial documents, medical information and any matters related to the children. The process cannot work if one party is not open and fully transparent. During the initial meetings the couple works toward assessing what their interests and needs are and then strives toward making these interests a reality.
Any emphasis on settlement must always consider the best interests and any needs of each spouse and their children. Instead of taking a firm stance about any one issue, the parties are encouraged to consider the current and future needs of the entire family and reach a settlement based on those needs. This approach promotes a strong foundation for the couple to move forward, during and after the divorce, in a positive way.
There are times when a couple has limited assets, no real property, have no children, or they are in complete agreement as to custody and child support issues. If this sounds like your situation, you may benefit from pursuing an uncontested divorce. This is where a legal agreement is drafted, that you can both agree upon and that meets New York’s legal requirements.
Once the agreement is reviewed and signed, it is filed with the court and awaits the judge’s signature. While an uncontested divorce is not the best option for everyone, it can often save you a significant amount of time, heartache and money. If you think that an uncontested divorce is the right choice for you, reach out and we will go over the details together.
The decision to divorce and the process that ensues afterwards will likely be one of the most difficult times in your life. When there is the added pressure of one spouse disputing the divorce itself, or fighting over maintenance, property distribution or child custody, it can all feel overwhelming.
My goal is to alleviate the added stresses and costs that arise from this process. While other firms may advertise their representation as aggressive or tough, I believe in a different approach.
The divorce process can be stressful enough. This is not the time to take a hostile stance but, instead, it is a time to properly evaluate all of your options.
I will work with you on finding lasting solutions that will best suit you and your family, today and in the future. My duty is to protect your interests, not take you down the uncertain and tumultuos road of litigation.
1393 Veterans Memorial Highway
Suite 212 N
Hauppauge, NY 11788