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Litigation. Collaborative Law. Mediation.

Collaborative Divorce Is an Out-of-Court Alternative


Living life in close quarters during these past few months, whether a couple has been together for months or years, can put stress on the healthiest of relationships. With children learning virtually from home and non-essential businesses closed, forced family closeness can bring some spouses together, but it can also pull some spouses apart. Many couples in the midst of a divorce have found themselves in a sort of marriage limbo during the COVID-19 pandemic, and some have decided in the midst of the pandemic that they no longer wish to be married.

With NYC courts just now beginning to accept new divorce filings, there may be a backlog in the court system. However, in addition to litigation, our attorneys at Berkman Bottger Newman & Schein offer several options to begin your case without having to go to court. If you and your spouse have a non-contentious relationship and are willing to work together, you may consider collaborative divorce.

What is collaborative divorce?

Collaborative divorce is a unique approach resolving a divorce matter. It offers you and your spouse a way to separate and finalize a divorce settlement with a minimal amount of acrimony and contention. Rather than litigating and appearing in front of a judge, you and your spouse meet with your attorneys outside of court to work through the details of your divorce. You may each have a financial advisor, attorney, or any other type of professional to assist you in this process.

Note: If you are unable to meet with your attorney or spouse face-to-face (for example, during the current COVID-19 pandemic), Berkman Bottger Newman & Schein has various technologies to conduct these meetings and procedures virtually.

During collaborative divorce, you and your spouse – along with the help of professionals – can work out details of division of propertyspousal maintenancechild custody, and child support. Couples do not have to appear in court, and their attorneys can complete the required paperwork. By working together and collaboratively, both spouses can keep the details of their divorce private and confidential, and out of the courtroom.

Why choose collaborative divorce in NYC?

For many couples, the benefits of collaborative law outweigh traditional divorce litigation. Some of these advantages include:

  • Less stress. Of course, divorce is stressful even in the best of situations. Litigating a divorce in a courtroom, can add to the already stressful situation.
  • Freedom to choose. When you go to court and if you are unable to reach a settlement, a judge decides the outcome. With collaborative divorce, you and your spouse are free to work together in any manner you choose to come up with custom solutions to your issues. This allows you to create a more mutually beneficial divorce agreement.
  • More secure future. Reaching a divorce settlement through collaborative law can allow you and your spouse to move on in a more friendly manner with no unpleasant feelings. Working together in a cooperative manner rather than taking your disputes to a courtroom sets an excellent example for your children as well.

The matrimonial law attorneys at Berkman Bottger Newman & Schein, LLP provide experienced, dedicated counsel across the greater NYC area. Our firm offers a variety of services to clients in New York City, Westchester, and in Bergen County, New Jersey. Schedule your consultation today by calling (212) 466-6015 or reaching out to us through our contact form.