Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

Basics of collaborative divorce in New York

Many more marriages in New York are now ending in divorce. There are many different reasons for this trend, but it does not matter why, if a couple decides to divorce they still must resolve all the same issues. These include child custody and child support determinations if they have minor children, potentially spousal support and every couple must divide their marital assets. How they resolve these determinations, depends on the couple though.

They could litigate all the issues at a trial and leave the determination up to the judge. They could also use mediators to help them resolve the issues. However, they could also use the collaborative law divorce process. This is a unique option designed for couples who are willing to work together to resolve their issues from the beginning of the process.

This process is unique because the couple agrees before the process starts that they will provide all information to the other side voluntarily and will be forthcoming with any information requested by the other side. The couple will then meet with each other and their attorneys to try and work together to decide everything.

Another aspect that is unique to collaborative law is that the attorneys work with the other side to find solutions as opposed to simply representing their client's interests. If either side decides to end the process they must find new attorneys. Also the entire process is confidential and anything said during the process is inadmissible if one party decides to end the process. This is to encourage both parties to speak freely to work toward solutions during the process.

All divorces in New York will eventually end and all issues will be resolved. However, how the couple will get to that point varies. For couples who want to work together to find the best solutions for their divorce, collaborative divorce may be a good option. It may not be an option for all couples, but for those that it can, it may have many benefits. It is important to understand the whole process though before entering into it and experienced attorneys may be a good resource.

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Carton & Rosoff PC
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