Contrary to popular belief, the process of divorce does not always have to involve going to court or lengthy legal battles. Nor does it leave individuals in a marriage with negative feelings about the other party. Further, couples are not always in disagreement about the terms of a divorce. Getting divorced is not always a frustrating, emotional, and trying process. In fact, there are many situations in which both couples agree to the divorce. As such they work together to reach terms of divorce that work for all parties.
If you and your spouse are comfortable working with one another to reach an agreement regarding the terms of your divorce; the traditional divorce process may not be the best method to pursue. Instead, collaborative divorce may be a great option. Our Syracuse collaborative divorce attorneys will be here to guide you through the process.
What Is Collaborative Divorce?
As explained by NYCourts.gov; collaborative divorce, or collaborative family law, is the process of problem-solving a family law issue. All while mitigating stress, confrontation, and the delay and expense of going to court. There are three basic principles of collaborative law:
Parties must pledge not to turn to the court in order to litigate disputes.
- There is no formal discovery process . Both parties agree to an honest, good-faith disclosure of information with one another.
Both parties agree to commit to finding solutions that protect their best interests. While taking into account the priorities of the other party and of any children involved.
Are Lawyers Involved in the Collaborative Divorce Process?
Lawyers are absolutely involved in the collaborative divorce process. Not in the traditional way however. (i.e. lawyers will not engage in litigation). Lawyers, like their clients, want to find solutions that work for both parties. Each party’s lawyer has a specific duty to represent their client, and is not responsible for the other party. Another unique aspect of collaborative divorce is that lawyers agree that should divorce through collaboration be impossible for their clients, and the case must go to court, lawyers will withdraw. If the case goes to court, the parties will be responsible for finding new attorneys for representation.
In addition to lawyers, there are often a number of other professionals involved in the collaborative divorce process. These professionals involve themselves when helping the divorcing couple communicate in an amicable and civil manner. Providing specialized information, and might include child specialists, financial professionals, and mediators.
The Benefits of Collaborative Divorce
If you think that collaborative divorce is right for your family, pursuing it may offer a number of benefits. These benefits include:
Preserving a respectful relationship between you and your spouse. Which is especially important if you have children;
Controlling the outcome of your divorce settlement. Rather than handing this decision over to a judge;
Protecting children from the emotional harm that contentious divorces can inflict; and
Saving time and money by resolving your divorce case out of court.
When Is Collaborative Divorce Not the Right Choice?
While many couples will benefit from pursuing a collaborative method of resolving a family law issue like divorce; collaborative divorce is not for everyone. Couples whose marriage has deteriorated to the point where they can hardly stand to look at one another, let alone work together to resolve contentious and difficult issues, may consider other methods of reaching a divorce settlement. Remember, during a collaborative divorce, each party pledges that they will make a good-faith effort to resolve issues in a manner that is conflict-free. While taking into account the wishes of the other party. As such, you should only pursue collaborative divorce if both you and your partner are truly committed to these principles.
Contact Our New York Collaborative Divorce Attorneys Today
When you choose to divorce through a collaborative family law process, you are choosing to manage a serious conflict with integrity. A very responsible and mature decision. With that said, just because collaborative divorce focuses on working together does not mean that there will not be issues that you and your spouse do not agree on. Or that you can pursue a collaborative divorce without an attorney on your side to look out for your best interests.
At the Bombardo Law Office, P.C., our New York collaborative divorce attorneys have experience representing couples facing myriad issues during collaborative divorce. Some whose cases are very simple, and others whose divorces are very complex. If you think that collaborative divorce may be right for your family, please call our law offices today to learn more about our process and how we can help. We will return your call promptly.