Turning Fear Into Power

Collaborative Divorce

New York and New Jersey Divorce Attorneys – (800) 560-0922

Many middle and high-net-worth people are hesitant to divorce just because it could mean going into a courtroom again and again and fighting it out with a soon-to-be ex-spouse. The litigation process can cost tens of thousands of dollars. It is not unheard of for couples to jointly spend over $100,000 litigating aspects of their divorce which could have been resolved with less time, money, and aggravation.

The Collaborative Divorce process offers an effective divorce method which side-steps the conflicts that can arise in litigated divorces. As the name implies, both spouses agree to collaborate, to overcome their divorce issues together, using their attorneys. During the process, it is agreed that no adversarial tactics will be used and that each party will act in a manner which serves to preserve their family units and not to engage in divisive behaviors which fray the very fabric of the family unit.

Are you worried that your divorce could become a shouting match if you use traditional divorce methods, do you know that your marriage is over, but you think that you and your spouse can work together to resolve your issues with the aid of attorneys? Well, then it is time to contact Dow Divorce Law. We can act as your legal guide and representative through the Collaborative Divorce Process so that you can divorce in a less stressful and costly manner. Now, that is fear turned into power!

The Collaborative Divorce Process in New York and New Jersey:

Your consult with a Collaborative Divorce lawyer and discuss the facts and circumstances of your impending divorce. They will explain the process of collaborative law and help you determine whether same might be successful for you and your spouse. This is a fact-sensitive process.
If collaboration cannot succeed due to either spouse refusing to collaborate on an aspect of divorce, each attorney signs a no-court agreement that bars them from representing their client in any future divorce litigation proceedings. This ensures that anything which occurred in the Collaborative Process is protected from being revealed to the court.
Subsequent meetings are scheduled if the collaborative divorce is not concluded but is expected to succeed. Eventually, the agreed upon divorce will be brought to the court for final approval.
You, your attorney, your spouse, and your spouse’s attorney all meet to discuss the details of the Collaborative Divorce process to be sure that the process will fit the needs of you and your spouse. You will sign a “Participation Agreement” wherein you will pledge to engage in the Collaborative Process in good faith with the goal of not using litigation to resolve your pending divorce. Other experts may be present as well, such as a divorce coach or an accountant.
Your spouse will retain a divorce lawyer with additional training or certification in the practice of Collaborative Law.
You speak with your collaborative divorce attorney privately about what you would like to happen during your divorce. Considerations will include child support, child custody, equitable distribution, and so forth. This is the time to discuss your soft and hard limits, such as how much spousal maintenance you want and how much you need.
You retain a Collaborative Divorce Lawyer who will then contact your spouse in writing to advise of your desire to divorce in a collaborative manner.

Benefits of Collaborative Divorce Law

When engaged in by trained professionals and dedicated spouses, a collaborative divorce will bring significant benefits that cannot be obtained through most litigated divorces. Because you are encouraged to work together, you and your spouse should be able to conclude your divorce sooner than later. Ending a divorce process sooner will save you court costs – you usually go to court just once, if at all, depending upon your state, to finalize the divorce – and attorney fees if your attorney charges by the hour. Knowing that your divorce will be over sooner than a traditional litigated divorce, and that you are saving money, will also help you keep calm and a sound mind, reducing the stress you feel during your divorce process.

Divorce Solutions Are a Phone Call Away – Dial (800) 560-0922

At Dow Divorce Law, we can assist you with any type of divorce, including the highly beneficial Collaborative Divorce. That said, if this process will not work for you because your spouse is not cooperative, we are also prepared to take your contested divorce to court for litigation, standing up for your rights through thick and thin.

Discuss your options with me by setting up an initial divorce strategy session.

Have Questions?

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Why Choose Certified Financial Litigator?

A CFL is not just an attorney; they are professionals who have undergone extensive training in handling the financial aspects of legal issues, especially those related to divorce and complex financial matters. Certified financial litigators have completed comprehensive training and achieved a passing grade on the CFL Exam, ensuring they are well-versed in all aspects of financial law. Choosing an attorney with a CFL certification means you're opting for an expert with a deep understanding of financial issues that may arise during legal proceedings. These attorneys can provide advice and guidance based on a thorough knowledge of financial concepts and regulations.
What Are Grounds for Divorce in the State of New York?

In New York any of the following reason will qualify you for a divorce: complete marital division (no-fault divorce) for a period of at least 6 months, abuse, abandonment, prison time, cheating, or a period of legal separation.
Can I Start a Divorce Against My Spouse When I Reside in New York, but My Spouse Does Not Reside in the Country?

The short answer to this question is, generally, yes, however, this is a complicated issue and it is important for you to speak with an experienced attorney about the issues of service of process on your spouse pursuant to international law. When the country in which your spouse is to be served is a signatory to the Hague Service Convention, the documents to be served will need to be translated into the official language of that country and presented to a Central Authority authorized to effectuate service in that country. This is often a lengthy process, which includes the translation of legal documents, shipping of those documents abroad, and locating your spouse. Attorney Dow has experience organizing the service of international process and welcomes the opportunity to help you serve your internationally located spouse.