Collaborative Divorce is a very new approach to dissolving marriage, it's particularly newer to matrimonial practice in the state of New York. Collaborative Divorce is a holistic approach to divorce, it encompasses an all-inclusive approach to handling divorce and its impact on the whole family. It involves all parties reaching for the same goal, which is to come to a settlement over the following issues, child support, spousal support, child visitation/child custody, property and debts, all without going to Court. But most importantly, it takes into account the emotional issues that surround the turmoil of divorce particularly on the children, and the family as a whole. If you have a family it is the better approach to take, mainly because collaborative divorce is an effective way for each side in the divorce to be able to reach a fair solution and resolve differences.

The process consists of the parties and attorneys having four-way conferences, in an environment that is not adversarial, as it is in a traditional divorce setting. Each party is represented by his or her own experienced attorney. All parties, and their attorneys, agree (in a written contract), to disclose all financial, as well other pertinent, information relevant to the divorce without claiming confidentiality. Full disclosure is tantamount to reaching a settlement; in fact it is this element that distinguishes collaborative divorce from traditional divorce. Each party's willingness to cooperate and divulge all pertinent information minimizes the need to conduct extensive investigation of marital assets, which in turn keeps costs and time to a minimum. In the agreement the parties must also agree that no litigation will commence during negotiations and that if a settlement is not reached, that the attorneys will withdraw representation, at which point the matter can proceed to litigation.

The parties must usually agree and include in their agreement provisions such as:

• that the outstanding issues will be settled in a non-adversarial manner;
• that they will rely on their respective attorneys to assist them in reaching the settlement;
• that they will act in their children's best interests to promote the relationships between the children and the parties and to minimize any emotional damage to the children as a result of the separation;
• that all communications during the process will be constructive and fair;
• that neutral experts may be retained to assist with issues that the attorneys are not able to resolve;
• the reasons and process for withdrawing from or ending the process;
• the status quo will be maintained in regards to the children and no unilateral changes will be made to assets, insurance coverages or other matters during the process without consent
• that the attorneys will commit to manage the conflict, emotional issues and relationship issues creatively.

The Benefits of Collaborative Divorce:

There are several advantages to Collaborative Divorce. Not only it is cost efficient, it helps the parties to prepare for life post-divorce. The parties not only acknowledge that their needs and the needs of their children are important, but they learn to implement the skills acquired when addressing those needs to future situations. In addition, because of the level of control the parties are able to exercise in the decision-making process, they are able to carry over these techniques into their respective lives. Lastly, the party's privacy and integrity is maintained since they are not forced to disclose their personal information in a courtroom.

Although Collaborative Divorce is the newest service offered by our office, we have handled an extensive number of divorces, most of which end up in settlement because of the sound negotiation skills of the attorney. Ms. Bloodsaw was recently trained by one of NYS approved training providers. Contact our office to discuss our Collaborative Divorce service offered.

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