Collaborative Divorce

How Does Collaborative Divorce Work in New York?

Collaborative divorce in New York follows a structured process designed to help couples resolve their differences outside of court. The process begins when both spouses hire attorneys trained in collaborative law. Each spouse meets separately with their lawyer to discuss goals and concerns. Both parties then sign a Participation Agreement, which commits both spouses to resolving all issues through negotiation rather than litigation.

The Participation Agreement includes one important but essential provision: if the collaborative process fails, both attorneys must withdraw from the case. This requirement encourages everyone to work toward settlement, as starting over with new lawyers only adds time and expense for the parties.

After signing the Participation Agreement, the couple begins a series of joint meetings. These sessions include both spouses, their attorneys, and sometimes neutral professionals such as financial advisors or child psychologists. The team works through each issue methodically, exchanging information and exploring options. Transparency is required, which means that both parties must fully disclose all assets, debts, income, and expenses.

Once agreements are reached on all those issues, the attorneys draft a comprehensive Marital Settlement Agreement. This document is submitted to the court for approval. A judge reviews the agreement to confirm it complies with New York law and protects the interests of any children involved. After court approval, the divorce is finalized.

Collaborative divorce in New York involves both spouses working with their own attorneys through joint meetings to negotiate a settlement. If negotiations fail, both attorneys must withdraw, which creates an incentive to reach an agreement. Collaborative Divorce is frequently utilized where one spouse is physically afraid of their spouse, or one spouse fears that their spouse has already or will shortly attempt to conceal marital assets. For the smaller divorce case without substantial assets and where neither party fears their spouse, Pre-suit Mediation may be preferable to Collaborative Divorce since it will usually cost much less than a Collaborative Divorce.

To schedule your Free 30 minute Zoom videoconference about Collaborative divorce, please call our office to schedule the Free videoconference at which Attorney/mediator Bill Leininger will answer all your questions.