The process of getting divorced in New York can understandably cause anxious feelings and even ill will. However, divorce does not always have to be an entirely negative experience. Thanks to collaborative divorce, a married couple can navigate a marital split-up without having to experience the type of hostility often associated with going to divorce trial.
Collaborative divorce is an alternative to divorce litigation that allows two spouses to sit down and try to work out issues such as the splitting of assets or spousal support. The benefit of this type process is that going to court is not necessary. The first step of collaborative divorce is for both parties to sign a contract that states that they both agree to act in good faith and to be fair in their negotiations.
In the contract, the couple also promises to remain transparent in terms of their finances and paperwork. The negotiations take place in a setting that is neutral, no mediator is involved. Rather, the spouses have their attorneys and work together to achieve a settlement that is mutually satisfactory.
Collaborative divorce is particularly ideal for spouses who have children, as it is less acrimonious and thus less stressful for the entire family. However, it will not work if both parties are not willing to try to find common ground in their dealings. An attorney in New York can explain the collaborative divorce process and provide the necessary guidance to achieve a personally favorable outcome in this type of family law proceeding.
Source: huffingtonpost.com, “Why Collaborative Divorce is a Route Worth Considering“, Nikki Martinez, Oct. 1, 2017