How it Works

If a couple decides to use the collaborative model to resolve their divorce, because they believe it is a better, less stressful, and less costly way to end their marriage, each one will retain their own collaboratively trained attorney to represent and guide them through their divorce settlement. However, it is important to note that the collaborative model is inappropriate in cases where domestic violence is involved.

The collaborative process begins with a Participation Agreement, signed by all parties, which lays out the ground rules for respectful communication  and interaction between the parties, and provides for the voluntary disclosure of necessary information and the confidentiality of the process.

Participation in the collaborative process is completely voluntary.  Any party may, at any time, elect to suspend or discontinue their participation.  Further, if the process should break down for any reason, the parties must retain new attorneys if they intend to litigate.  While this may seem counter-productive, on the contrary, it ensures that each party, spouses and attorneys, are fully vested in the success of the collaborative process.

The parties, together with their attorneys, participate in a series of joint meetings to resolve each issue necessary for a divorce settlement.  If a couple needs additional help or information to make informed decisions, they may jointly choose to include additional team members:  financial or mental health professionals.

The collaborative process allows you to achieve a divorce settlement on your own timetable, and not on a court imposed deadline.  More importantly, it allows all critical decisions regarding your family to be made by you, not a judge who is unfamiliar with your family and the specifics of your situation.  While the collaborative process does not involve the Court in the decision making, when a settlement is reached, it must be filed with the Court because a New York State divorce requires an order signed by a judge.