What is a Collaborative Divorce?
Divorces can be complicated, confusing, and time consuming. They can result in pain and loss, especially if both parties are highly combative in the divorce process. With these, they often require lawyers, court dates, and a lot of time and money. That’s because instead of finding a way to land on common grounds, judges and attorneys must be used to resolve any dispute that they may have. While these can be more complicated, there are also divorces that are not as difficult. There is an in-between state, though. There are some divorces where each spouse has a fairly simple time coming to terms with allowances outside of the courts, but they may disagree on certain aspects and views. That’s where a collaborative divorce comes in. In these cases, having an outside source to help handle issues like child support and custody, as well as property division, can be beneficial.
If you have questions about collaborative divorce in New York, contact Michelle Cimino for a confidential consultation. She has been recognized as one of the top divorce lawyers in Rochester, NY and she can help you move forward with your life.
Instead of fighting your way through a divorce, there are ways to be more negotiable. A collaborative divorce refers to troubleshooting and mediating negotiations rather than trying to “fight and win” properties. In this case, both parties sit down and try to settle their divorce maturely and effectively.
In some cases, the court may mandate that both parties of the divorce seek mediation or go through a collaborative divorce process before making it to the court itself. This allows people to truly identify whether they can solve their equity issues in a reasonable manner without the court system in place.
Benefits of a Collaborative Divorce
It is often easy to see why a collaborative divorce can be more successful than a traditional rough divorce, as collaborative divorce is based around making negotiations with another party. However, there are other benefits to a collaborative divorce.
First of all, collaborative divorces save time and money. Instead of frequently working with lawyers and court systems and trying to “win” the divorce, when both parties come together, the whole process is much quicker and smoother. In addition to this, the divorce would take place in a more informal setting, thus making it a more comfortable process.
Next, the negotiation is key. Instead of having other people decide your lives for you, you both will be able to determine the best results for the both of you. This applies with post-settlement disputes as well, as with these you’ll be able to control what happens in these cases. Ultimately, a collaborative divorce can provide both parties with a more comfortable and simpler divorce process. To learn more, schedule a confidential consultation with our divorce lawyers in Rochester, NY.
Process of a Collaborative Divorce
The process of a collaborative divorce is much simpler than one of a “fight and win” type of divorce. To begin, each party must hire their own attorney who supports mediation divorces and negotiation. Be sure to meet with your attorney privately to discuss what you want out of the settlement.
Make sure they know your limits and what you’re truly willing to compromise on. After this, both you and your attorney will meet with your spouse and their attorney.
This collaborative meeting will likely occur multiple times until everything is settled accordingly. Both parties, and attorneys, are instructed to sign a “no court” agreement. This states that both attorneys will withdraw from your case if it continues to court. You must then file for divorce through family court, and since you went through a collaborative divorce process, the filing should be simple and uncontested.
Contact An Experienced Rochester Divorce Lawyer
If you’re going through a divorce, you are not alone. In 2022-2023, 8.8% of every 1,000 couples filed for divorce. However, divorce doesn’t always have to be contentious. If you are going through divorce and want to start a collaborative divorce process, our Rochester divorce attorneys can help you. The Cimino Law Firm and attorney Michelle Cimino has practiced family law for over 20 years and can help you negotiate exactly what’s best for you in your divorce. Contact us today if you are seeking experienced divorce lawyers in Rochester, NY.
The Cimino Law Firm represent clients throughout Rochester including Monroe County, Orleans County, Livingston County, Ontario County, Wayne County, Genesee County, and Wyoming County.