Collaborative divorce is a relatively new approach to divorce proceedings in New York. It offers an alternative to traditional, adversarial methods like litigation. Instead of battling it out in court, couples involved in collaborative divorce work together with their attorneys to reach a mutually agreeable settlement.
An Attorney’s Role in a Collaborative Divorce
In a collaborative divorce, the attorney plays a unique and supportive role compared to traditional adversarial approaches. Instead of advocating for their client in a courtroom, the attorney acts as a facilitator and advisor.
The attorney helps their client understand the legal implications of various options, provides guidance on negotiation strategies, and ensures that their client's rights and interests are protected throughout the process. Unlike in traditional divorces, collaborative attorneys do not typically engage in adversarial tactics or attempt to undermine the other party. They focus on building trust and fostering a cooperative atmosphere. This approach can often lead to more amicable and less stressful outcomes for all parties involved.
Is Collaborative Divorce Faster Than Contested Divorce?
Collaborative divorce often results in a quicker resolution than traditional litigation. By avoiding the time-consuming steps of discovery and court hearings, couples can reach agreements more efficiently. This can save both time and money.
Is Collaborative Divorce Less Stressful & Hostile Than Contested Divorce?
Collaborative divorce is typically less stressful and hostile than traditional divorce. The focus on cooperation and compromise can create a more amicable environment, reducing the emotional toll on both parties.
How Is a Collaborative Divorce Different from Settlement Negotiations?
While settlement negotiations can occur in traditional litigation, collaborative divorce takes a more structured and comprehensive approach. In collaborative divorce, both parties are committed to the process and have agreed to specific rules of engagement. This can make the process more productive and less likely to break down.
What If We Try Collaborative Divorce But Still Can’t Reach Agreement?
If a collaborative divorce fails to produce a settlement, the process must be terminated. In such cases, the parties would need to explore other options, such as traditional litigation or mediation. However, the collaborative process can often lay the groundwork for a more amicable resolution, even if it doesn't result in a final agreement.
Collaborative divorce offers a promising alternative for couples seeking a more peaceful and efficient divorce. By fostering cooperation and understanding, this approach can help individuals navigate a difficult time with greater dignity and respect.
We Can Discuss Your Options
The attorneys at Letterio & Haug, LLP are dedicated to guiding clients through the complex process of divorce with compassion and professionalism. Whether you're facing a contentious divorce or seeking a more amicable resolution, our experienced legal team is committed to advocating for your best interests.
We understand that divorce can be a deeply emotional and challenging time. Our attorneys can work closely with you to explore all available options, including litigation, mediation, collaborative divorce, or arbitration. We can also carefully evaluate your unique circumstances and provide personalized advice to help you choose the approach that best aligns with your goals and priorities.
Our team is committed to resolving disputes in a manner that minimizes stress and conflict. We believe that open communication, cooperation, and a focus on finding mutually beneficial solutions are essential to a successful divorce.
Call (845) 203-0997 if you need counsel during your divorce.