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 The Law Offices of Adelola Sheralynn Dow. We can act as your legal guidance
and representation through the Collaborative Divorce Process so that you
can divorce in a less stressful and costly manner. Now, that is fear turned
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. She or he 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.
- 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.
- 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
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
- 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 your 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.
- 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.
- 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.
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
Our Staten Island divorce lawyer 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 Attorney Adelola Sheralynn Dow, who maintains a “Superb” Avvo Rating.
Contact our firm to set up an
initial divorce strategy session.