Divorce has a reputation for being contentious and ugly, but it does not have to be that way. If you and your soon-to-be-former spouse agree on the major issues involving finances and property, you might be able to obtain a divorce order without the need for drawn-out litigation.
A Syracuse collaborative divorce lawyer may help you move toward the next phase of your life with as little conflict as possible. Throughout the process, our dedicated divorce attorneys may ensure your rights are protected.
A collaborative divorce is a process where you and your spouse agree to resolve your divorce without going to court. Each of you works with a Syracuse collaborative divorce attorney and commits to working towards a negotiated settlement instead of a trial.
You meet in a series of joint sessions to address issues such as property division, child custody, support, and parenting plans. In addition to your legal team, you may also rely on help from professionals to assist you with tax or financial decisions.
If the process breaks down and either party decides to go to court, both collaborative attorneys must withdraw. Moving forward, you will then have to go through the traditional divorce approach. Fortunately, there will be plenty of opportunities to find common ground and reach a settlement before that happens.
While it might not be right for everyone, there are several reasons to consider a collaborative approach. Our Syracuse attorneys are here to explain the benefits of a collaborative divorce.
You and your spouse shape the outcome together. Instead of leaving decisions to a judge, you create agreements that reflect your priorities and your family’s specific needs.
The process focuses on cooperation rather than confrontation. This can lower tension and make it easier to communicate, especially when children are involved.
Collaborative divorce keeps discussions out of the courtroom. Your financial details and personal issues stay largely private rather than becoming part of a public record.
You are not limited to what a court might order. The collaborative process allows creative problem-solving, particularly for parenting arrangements and financial planning.
When you reach an agreement through cooperation, you are more likely to maintain a workable relationship after the divorce. This can make co-parenting more effective and less stressful.
New York recognizes several legal grounds for divorce, and they apply whether you choose a collaborative process or a traditional court case. The most common ground is irretrievable breakdown of the marriage for at least six (6) months, often referred to as no-fault divorce. Other grounds include:
These fault-based grounds are less commonly used in collaborative divorce because the process focuses on resolution rather than proving misconduct.
No matter which ground you rely on, you still need to address all of the major issues that go into divorcing a spouse. A Syracuse lawyer may advise you on the appropriate grounds for a collaborative divorce as well as assist you in reaching an agreement with your spouse on how best to dissolve the marriage.
If your relationship is coming to an end but you and your spouse are on common ground, it may be time to consider a collaborative divorce. Our attorneys may help you negotiate with your soon-to-be-former spouse, potentially avoiding years of difficult litigation. Reach out to a Syracuse collaborative divorce lawyer today to learn more.
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