Long Island, Collaborative Divorce Lawyers, Explain This Divorce Option.

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 a case, either party can opt out of legal counsel. 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 to explain the law on various topics for your understanding.

How is a 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 settle with the threat of litigation and 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 will be more willing to compromise peacefully for mutual agreement. This collaborative process relieves emotional stress that has strained the marriage during a 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 at spouses who wish to avoid the stress and unwanted acrimony that often come 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 want a respectful, creative, individual process to close 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 perceive integrity as a value for conflict resolution and keep personal responsibility in line for managing conflict.