New York Collaborative Law
When most people hear the word divorce, they think of a lengthy, expensive, emotionally devastating legal process. Simply this perception of divorce is often enough to keep people from considering it, even when it may be in their best interests. Divorce does not have to be this way.
If you and your spouse agree that divorce is something you should investigate, contact the New York collaborative divorce lawyers at Berkman Bottger Newman & Rodd, LLP today. We are based in midtown Manhattan and serve clients across New York State, including Westchester, Nassau, and Suffolk Counties.
How do collaborative divorce attorneys in NY handle a case?
A collaborative divorce in New York is a matrimonial dispute resolution process whereby both parties and their lawyers commit themselves to resolving their differences fairly and equitably without resorting, or even threatening to resort, to the courts.
Why NY collaborative law works
The collaborative law process is more cost-efficient, effective, and amicable than traditional divorce methods.
The assumptions underlying the growth of this practice are as follows:
- The adversarial judicial system is often ill-equipped to handle the emotionally-charged process of dissolving a marriage.
- Many divorcing couples want to avoid litigation.
- Mediation, as a marital dispute resolution method, sometimes poses its own dangers in terms of power imbalance or the absence of knowledgeable and informed consent.
The attorneys representing the parties in this model agree to help resolve the issues using cooperative rather than adversarial methods. Collaborative lawyers in New York employed in this practice agree in advance to:
- Remove litigation as an option. If settlement discussions fail, the parties must hire separate counsel if they choose to go to court. Collaborative attorneys do not use the threat of litigation as a negotiating tool.
- Agree to complete disclosure with full documentation but without formal proceedings.
- Use joint experts with respect to valuation questions.
- Settle custody differences without subjecting either the parties or the children to court-ordered forensic evaluations.
- Focus efforts and skills on creative problem solving and on obtaining win/win results.
Several of the Berkman Bottger Newman & Rodd, LLP attorneys are members of the New York Collaborative Law Group and have substantial experience working successfully with the New York collaborative divorce model. For a more comprehensive discussion of collaborative family law, see the New York Law Journal article co-authored by our partner, Barry Berkman.
Contact our NY collaborative divorce lawyers today
Matrimonial law and divorce issues are serious matters. You need serious and dedicated matrimonial and divorce attorneys to protect your rights and assets. If you find yourself facing a matrimonial law issue in the state of New York, contact the New York matrimonial law firm of Berkman Bottger Newman & Rodd, LLP. We represent our clients with caring, compassion, and thorough attention to detail. Whatever the issue, we listen to your needs. Contact our family law firm in NY at 212.867.9123, or use our online form, today.
