A large percentage of all marriages, both nationwide and in New York, will ultimately end in divorce. In the past, divorce in New York is usually the starting point of future trouble between both parties in things like spousal and child custody (NY) and the division of joint assets. In response to these, and other, potential conflicts, the process of \”Collaborative Divorce\” has gained popularity in New York.
Collaborative Divorce
A lot of people tend to see divorce in New York as an \”all or nothing process\” in which there is a definite winner and loser of the divorce case. However, a divorce action doesn\’t always have to be taken care of in the Family law NY courtroom. Collaborative divorce has emerged as a valuable alternative to the regular divorce process within the family law New York courts.
In collaborative divorce proceedings, both parties will try to come to a mutually-agreeable solution to the collateral issues mentioned above. This is achieved through the services of an impartial mediator as well as other specialists. Although the mediator generally is a family law NY lawyer, anyone who is satisfactory to both parties in a divorce can serve in this role.
The collaborative divorce process starts out when both parties, in consultation with their legal professionals, are in agreement to accept the mediator\’s suggestions and guidance in arriving at a resolution of their differences. The mediator, who acts more as a \”sounding board\” than a \”judge,\” then guides the parties to a resolution of the differences that is acceptable to both sides. Collaborative divorce is thus an ideal way to decide on issues like child custody in NY and a sensible division of assets acquired during the marriage.
Once a collaborative agreement is accomplished, all parties will authenticate they accept the terms by signing a legally binding document. This legal document is then given to the family law NY court for approval and filing. Unlike a traditional contract, the collaborative agreement cannot be enforced until the divorce decree is awarded by the court. Should either party find the terms of the collaborative agreement unsatisfactory, they still have the legal right to bring their differences before the family law court in New York.
Find yourself in need of a divorce attorney New York City? Check out CollabDivorce-NY.com – the Hudson Valley Collaborative Divorce Association can provide a specialist family law attorney in New York to help you with your divorce.
If You\"re Dealing With Child Custody NY, Then Maybe Think About Collaborative Divorce
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