Family and Marriage Law Lerner Law Syracuse, New York
collaborative divorce
 
 
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   COLLABORATIVE DIVORCE

What Is It?

Collaborative Divorce is a new option for divorcing couples in CNY. It offers a structured path to a negotiated divorce where the parties, their respective attorney’s and, as necessary, appropriate experts work as a team pursuant to a binding agreement to stay outside the courts to reach fair and reasonable solutions to all property and family issues. Collaborative divorce helps families resolve their divorce issues with dignity and respect.

Who Is It For?

Collaborative Divorce is for families...

 
who are committed to avoiding the court room confrontations and legal battles associated with litigation,
 
 
who, with assistance, can focus on preparing for the future rather than revisiting the issues of the past,
 
 
who want to be in control of the timing, process and decisions associated with their divorce,
 
 
who want to reach thoughtful solutions to the challenging problems of fairness and equity in their divorce,
 
 
who can work in an open process, based on full disclosure and open communication, where each party has their own specially trained lawyer, and everyone is part of a team seeking solutions,
 
 
who are committed to addressing the special needs of children in a divorce.
 


Services Provided:

 
Conference with client to determine suitability for collaborative process.
 
 
Recommendation of multiple collaborative attorneys for spouse to consider
 
 
Working with client to sort out priorities and concerns
 
 
Participate in joint meetings with spouse and his/her collaborative attorney to facilitate, recommend, counsel, negotiate and help resolve issues.
 
 
Assist in selection of and work with experts in other fields as necessary to resolve specific problems.
 
 
Preparation of meeting minutes and drafting of settlement agreement.
 
 
Presentation of settlement agreement to court as the basis for a divorce judgment.
 


How Does It Differ From Mediation?

In a collaborative divorce process each spouse has their own attorney to work with in developing positions and to counsel them, rather than in a mediation where a single individual tries to work both parties toward a middle ground on which they can agree.

How Does It Differ From Litigated Divorce

In a litigated divorce each of the attorneys attempts to get the best deal they can for their client within the specific parameters established by statute, case law and local custom. The process is run according to rules and a schedule set by the Court. When the parties are unable or unwilling to agree, the decisions are made by the judge after hearing the evidence presented by each party. A good decision is generally thought to be one where neither party is happy with the outcome.

Where Can I Learn More?

Visit: www.CNYCollaborativePractice.com , www.collaborativelaw.org , or... Google “Collaborative Divorce”

If your group would like an informative presentation on collaborative divorce, give the office a call - 473-0063

 
 
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