Collaborative Divorce

Are you a candidate for collaborative divorce?

For couples seeking to resolve disputes without court intervention, the collaborative divorce process can provide an alternative to costly litigation. Each party retains independent counsel and signs agreements committing to collaborate to resolve all issues outside the courtroom and in a manner that prioritizes a win-win resolution. Collaborative law agreements typically require:

  • Disclosure of all documents;
  • Meetings conducted in a respectful manner;
  • A commitment to insulate children from the divorce process;
  • Sharing of experts; and
  • An agreement to avoid litigation.

Should collaboration prove untenable and litigation becomes the viable solution, the collaborative process terminates. New counsel must be retained for the litigation as the collaborative law attorneys are disqualified from further case involvement.

What are the benefits of collaborative divorce?

Collaborative law offers a more holistic approach to separation and divorce than conventional litigation. Statistically, most collaborative divorces settle without resorting to costly litigation. The process often incorporates a family support team comprised of professionals that may include mental health counselors, financial advisors, child development specialists, vocational, and employability experts to address emotional and economic concerns that may shadow the separation process.

If you would like to discuss whether collaborative divorce is appropriate for your situation, please click this link to email us or call me, Nancy D. Kellman, or my colleague Jane Stack at 914-328-0900 to schedule a call.