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Representation for negotiating fair and equitable divorce settlements
Divorce is almost never a simple process, even if the split is an amicable one. When a couple has assets to divide, or income subject to child support or alimony, or disagreements over custody and parenting time, it is important to have experienced legal counsel. Many divorcing spouses can achieve their goals through negotiation and never have to see the inside of a courtroom.
At Berkman Bottger Newman & Schein LLP, our Westchester divorce attorneys have decades of experience helping clients negotiate divorce and family law matters and reach resolutions without resorting to litigation. Our boutique family law firm guides you through each step of the process with confidence.
Smart solutions equal fair settlements
Our attorneys understand that every couple’s financial situation is different, which is why we always design a custom strategy when negotiating a settlement. We work closely with each client to get a thorough understanding of not only their financial situation – including assets, debts, goals, hopes, and worries - but also the best interests of any children of the marriage. We do this with the goal of reaching an out-of-court settlement.
Our attorneys range from fierce litigators to careful mediators. We realize the value – both financial and emotional – of reaching a divorce settlement out of court when possible. Productive negotiating requires an intricate balance of tactics, strategy, foresight, and respect. Only with a great understanding of not only the underlying law, but how to present it in the context of a negotiation, do fair and equitable settlements arise. This is what our lawyers do.
What types of divorce negotiations are available?
There are a variety of ways to come to a mutually agreeable settlement in a Westchester, New York divorce. Some divorcing couples can sit down together and come up with their agreement over lunch, and have their attorneys review the agreement afterward. Other couples may dispute certain issues, like child custody, spousal support, or property division, and need attorneys to step in and negotiate on their behalf. These out-of-court alternatives include:
Alternative dispute resolution
Alternative dispute resolution, or ADR, is an umbrella term that encompasses processes like mediation, collaborative divorce, or arbitration to resolve issues couples cannot resolve on their own. Using ADR can save divorcing spouses the time and money of hammering out these disputes in the courtroom.
The attorneys at Berkman Bottger Newman & Schein LLP are well-versed in all types of alternative dispute resolution. Further, negotiations and ADR tend to be less expensive than litigation, as they take place outside of the courtroom.
Another popular type of divorce negotiation is mediation. With this process, a neutral third party serves as a mediator and guides the spouses toward agreement in a non-aggressive manner. The mediator works to help the couple find agreement and work toward a mutually agreeable divorce settlement. Many couples who are able to cooperate and work together prefer mediation, which is less confrontational and often less expense than court-oriented alternatives.
Collaborative divorce is another form of dispute resolution that takes place outside of the courtroom. During this process, each spouse has their own attorney who is trained in the collaborative process. Part of this process is agreeing to take the threat of litigation off the table and agreeing to work in a collaborative manner. Part of collaborative divorce involves the input of financial, child custody and other professionals to help build a fair and equitable agreement.
An uncontested divorce is a divorce in which the parties have, usually with the help of counsel, resolved all the terms of the divorce without court intervention. The word “uncontested” can be confusing to laypersons – it does not mean that divorcing spouses agree on everything right away. Indeed, a so-called “uncontested” divorce can require lengthy and at times contentious negotiations. But the key is, it ends without a court of law getting involved.
With an uncontested divorce, both spouses must eventually agree on all terms of the divorce. Each spouse agrees regarding grounds for divorce, spousal maintenance, property and asset division, child support, and child custody / visitation. Typically, grounds for an uncontested divorce are “irreconcilable differences.”
How can a Westchester attorney help me with divorce negotiations?
Because financial issues tend to play such a major role in many divorces, it is paramount you have experienced and strategic counsel on your side. Our attorneys are skilled negotiators who zealously work toward achieving your goals, with the goal of strengthening your financial, emotional, and mental health in your post-divorce life.
With the right law firm, many divorces can be resolved through negotiation. Negotiation involves exchanging financial documentation; preparing detailed statements of your assets, debts, and expenses; evaluating your needs and goals in the context of the law of New York State; and crafting settlement offers and counteroffers. Skilled and experienced attorneys who have spent years doing these exact things can make the difference between a fruitful and relatively fast negotiation process, and one that drags on and becomes extremely costly.
The attorneys at Berkman Bottger Newman & Schein LLP strive to craft a strategy to secure what you need from your divorce.
Keys to a successful Westchester divorce negotiation
No matter what type of negotiation you choose, the key to a successful outcome is that both parties completely understand all settlement options and potential outcomes. Our attorneys have decades of experience working with high-asset and income clients and develop smart negotiation strategies to ensure an equitable and satisfactory outcome.
In our experience, keeping the following in mind can help lead to successful negotiations:
- Consult with experienced divorce attorneys – not a one-size-fits-all law firm.
- Ensure you are open to negotiations – they only work when both spouses are willing.
- Be patient – patience is key in divorce negotiations.
- Do not undersell yourself – never make your first offer your “bottom line.”
- Negotiate with facts – negotiating with emotions rather than facts can put you in a weaker position.
- Understand the law – even though negotiations take place outside of court, legal entitlement and obligations form the backbone of deals between spouses. Your attorney will thoroughly explain the law to you, but ask questions and make sure we are explaining it clearly!
At Berkman Bottger Newman & Schein LLP, we advocate fiercely for your best interests and negotiate from a place of strength. Our clients count on us to protect their rights, and that is exactly what we do.
CREATIVE SOLUTIONS TO DIFFICULT & COMPLEX PROBLEMS
All families and marriages are unique - our attorneys take the time to listen to our clients to fully understand the circumstances of their case. Only then do we advise the best legal option for their goals.
PROMPT RESPONSES TO INDIVIDUAL NEEDS AND INQUIRES
Divorce is a time of transition. We understand the emotional and financial stress that clients experience during the divorce process – from day one our team ensures that we provide our clients with prompt feedback so that they are updated on their case every step of the way.
CHOICES AND OPTIONS TAILORED TO EACH CASE
We are one of the only Manhattan divorce law firms offering all three options for divorce: litigation/negotiation, collaborative law, and mediation - providing custom strategies and solutions for our clients.
INDUSTRY THOUGHT LEADERS DEDICATED TO YOUR SUCCESS
Our attorneys provide frequent expert legal commentary for national media outlets and have been quoted in numerous publications including Fox's Business, NBC News, ABC News, CBS News and many more.
The New York family law attorneys at Berkman Bottger Newman & Schein LLP provide honest and reputable guidance for clients seeking resolution to family law issues, including divorce and alimony. Learn more about us by reading our attorney biographies or perusing our blog. Schedule a consultation today by calling us at (212) 466-6015 or contacting us online. We have offices in White Plains for your convenience.