New York Collaborative Divorce Frequently Asked Questions

Collaborative divorce is a relatively new process in New York where spouses who cannot agree to key issues in their divorce can work through them in a problem-solving process rather than prepare for litigation.

Each spouse hires a New York attorney who is trained in the collaborative divorce process. Should the couple give up on the collaborative process and decide to go to trial, they must get different attorneys. Therefore, the attorneys have no motivation to litigate.

Couples can work through all the key issues involved in divorce such as property distribution, debt allocation, alimony, child custody, child visitation and child support.

Collaborative divorce can be much faster than contested divorce, because the parties are working together toward solutions rather than putting hurdles in each other’s paths. The process is based on full disclosure and open communications, so there is no time spent hiding information or trying to ferret out hidden information from the other party. Also, all the meetings are held at the convenience of the parties, so there is no need to get on the court’s schedule multiple times.

Collaborative divorce is a much less hostile process, which is particularly important if a couple has children, and therefore must have some sort of ongoing relationship in the future. When contested divorces settle, it is usually when they are almost ready to go to trial, which is stressful and expensive for both parties.

A. The entire process is different. Here are some of the ways:

• When divorce attorneys are negotiating a settlement, they are also preparing for trial, which is an expensive and time-consuming process. There is no specter of a trial at the end of the New York collaborative divorce process.
• Everything is transparent in a collaborative divorce, and communications are open. There is no angling to take advantage of a mistake made by the other party.
• If custody is an issue, you don’t go through the professional custody evaluation process of a traditional divorce.
• You share the same experts, such as accountants, appraisers and mental health professional rather than each of you hiring your own.
• There is a genuine effort to reach an agreement that satisfies both parties rather than one party threatening the other with a big loss at trial.
• As previously stated, should the collaborative process break down, the New York collaborative divorce attorneys must withdraw.
• There is a parity of attorney fees, so the wealthier party does not have an advantage in representation over the other party, which is common in traditional contested divorces.

If you cannot reach an agreement, you can still have a contested divorce in New York, but you are required to use different attorneys.

As with any kind of divorce, much depends upon your specific circumstances. However, collaborative divorce generally costs 80 percent to 90 percent less than contested divorce.

You will be required to produce financial information in both a collaborative and a contested divorce. However, the process is usually faster and less expensive in collaborative divorce.

No matter what kind of divorce you choose, there is always a chance the other party could be dishonest, and not provide all information about finances and assets. If an attorney finds their client is dishonest or not acting in good faith, that attorney must withdraw from representing the client.

Both collaborative divorce and mediation are options for arriving at a settlement of outstanding issues such as division of property without resorting to divorce litigation. During the collaborative process the parties, along with their attorneys, work toward an amicable resolution of the issues through negotiation. With mediation, the parties are not represented by their own attorneys. Instead they work with a neutral mediator who helps them come to an agreement on the terms of the divorce settlement. With both collaborative divorce and mediation, both parties must agree to the terms of the process for it to be successful.

Collaborative divorce is a process of coming to an agreement on the terms of a divorce without litigation and fighting. Besides there being less conflict, a significant advantage of collaborative divorce is that they are typically a lot quicker. Collaborative divorce leads to more transparency as both parties as well as the attorneys and other professionals involved agree that any decision will be made with the knowledge of everybody else.

The goal of a collaborative divorce is for the parties to arrive at a divorce settlement in a noncontentious manner and without litigation. If the collaborative process breaks down and does not work for the parties, the parties will have to move forward with a contested divorce and litigate the outstanding issues. However, the parties cannot move forward with the same attorneys. They must hire new attorneys and start the process of filing for divorce anew.