As an alternative to the inherent combative nature of divorce court, Collaborative Law encourages constructive dialogue between the separating parties and is a more amicable way to resolve divorce and marital partnership disputes. Collaborative law mediation tactics can be applied in typical marriages, domestic partnership breakups, custody agreements, property settlements. Especially when young children are involved, Collaborative Law is a less stressful fair-to-all-parties negotiation process.

What is Collaborative Law?

When a marriage is ending, Collaborative law is another alternative to Litigation to secure a Divorce, Separation or domestic partnership dissolution. In this process the parties are represented by separate counsel who are specifically chosen because of their commitment to represent their clients in reaching a settlement without resorting to any form of litigation or court adjudication. It is an approach with the parties needs in mind. It is a process where separating couples are directly involved in creating an agreement that resolves all issues including custody, support and property division. This approach removes the disputed matter from the court room setting and treats the process as a joint problem to be solved rather than a fight to win and destroy. In Collaborative Law cases, the attorneys and parties agree that they will not go to Court and will instead focus their energies on settlement. The parties can therefore control certain aspects of their divorce or dissolution, such as the cost and the timing.

At this time New York State law does not necessarily protect the relationships that LGBT or non-traditional families have with their children. Taking a Collaborative approach to resolving these issues enables all family members to speak openly about their needs and concerns and come to an agreement even when these agreed terms may not be what the law covers. By focusing on the stated needs of the couple and working in good faith, the potential for uncertain or unjust legal outcomes is eliminated. As a result, the separating couple develops a customized settlement that suits their family’s specific interests.

If you and your spouse are considering separating, for a no obligation initial consultation on the benefits of Collaborative Law and personal service, call Spirio Law of Long Island today!