Long Island Collaborative Divorce Lawyers Explain This Divorce Option

What is a collaborative divorce?

Collaborative family law is a stress-free way to avoid the courtroom, allowing divorce parties to settle agreements with their attorneys without having to undergo formal proceedings. Simonetti & Associates is familiar with how divorce has painstaking effects on parent-child relationships on Long Island as well as uproots bitter exchanges between spouses in the process. With this understanding, we advise collaborative divorce in such situations, enabling open communication and stress-free cooperation amongst spouses during settlement agreements.  

How do collaborative divorces work?

Collaborative law is a different alternative dispute resolution built on the following basic principles:

  • A pledge for no courtroom litigate disputes
  • An honest, voluntary and prompt exchange of relevant information without formal discovery
  • A commitment to achieving the best solutions for both interests of the parents and children

Collaborative divorce is not the same as mediation. In such case, legal counsel can be opted out of by either party. However, this option can put you at a  disadvantage due to the lack of legality mediators have in relaying legal advice. Attorneys are advised and depended upon for the explanation of law on various topics for your understanding.

How is collaborative divorce different from a regular divorce?

In a conventional Long Island divorce, one spouse files for divorce and initiates a procedure of legal steps to be taken. Parties will often only reach a settlement with the threat of litigation, along with the reality of its consequences. But even with final settlements being reached, the nature of these challenging proceedings can stay with spouses, painting them as permanent adversaries.

In collaborative divorce, spouses and their lawyers pledge in written agreement not to go to court. Once this litigation is off the table, proceedings and parties are more willing to operate in peaceful compromises for the mutual agreement goal. This collaborative process relieves emotional stress that has strained the marriage during breakup, working to rebuild a beneficial relationship that promotes the co-parenting process for the couple’s children.

Is collaborative divorce the right option?

The collaborative process defines respect for both parties. It is targeted for spouses who wish to avoid stress and unwanted acrimony that often comes with conventional divorces. However, collaborative divorce is not to be aided in the case of domestic abuse. We advise that this process may work for you and your spouse if:

  • You would like to achieve a respectful, creative and individual process for closing your marriage.
  • You want to keep control over the decisions affecting your lives during and after your divorce.
  • You understand the benefits that a working relationship gives you after a divorce.
  • You believe in and work to avoid the instigative harm that parental conflict can have on your children.
  • You have a perception of integrity value for conflict resolution, and keep personal responsibility in line for managing conflict.

Call Simonetti & Associates for a free consultation about collaborative divorce

For quality legal representation for your collaborative divorce with reasonable rates, contact our Long Island, NY family law firm. For more than 28 years, Simonetti & Associates has aided families in both Nassau and Suffolk Counties in their domestic dispute resolutions with successful outcomes. Our Eastern Nassau County location provide you with flexible hours for convenience as well as fast returned calls, even after business hours. For your free initial consultation, call 877-385-2560 or contact us online.