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What Is It?
Collaborative Divorce is a new option for divorcing couples in CNY.
It offers a structured path to a negotiated divorce where the parties,
their respective attorney’s and, as necessary, appropriate experts
work as a team pursuant to a binding agreement to stay outside the
courts to reach fair and reasonable solutions to all property and
family issues. Collaborative divorce helps families resolve their
divorce issues with dignity and respect.
Who Is It For?
Collaborative Divorce is for families...
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who
are committed to avoiding the court room confrontations and legal battles
associated with litigation, |
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who,
with assistance, can focus on preparing for the future rather than revisiting
the issues of the past, |
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who
want to be in control of the timing, process and decisions associated
with their divorce, |
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who
want to reach thoughtful solutions to the challenging problems of fairness
and equity in their divorce, |
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who
can work in an open process, based on full disclosure and open communication,
where each party has their own specially trained lawyer, and everyone
is part of a team seeking solutions, |
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who
are committed to addressing the special needs of children in a divorce. |
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Services Provided:
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Conference
with client to determine suitability for collaborative process. |
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Recommendation
of multiple collaborative attorneys for spouse to consider |
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Working
with client to sort out priorities and concerns |
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Participate
in joint meetings with spouse and his/her collaborative attorney to facilitate,
recommend, counsel, negotiate and help resolve issues. |
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Assist
in selection of and work with experts in other fields as necessary to
resolve specific problems. |
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Preparation
of meeting minutes and drafting of settlement agreement. |
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Presentation
of settlement agreement to court as the basis for a divorce judgment. |
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How Does It Differ From Mediation?
In a collaborative divorce process each spouse has their own attorney to work with in developing positions and to counsel them, rather than in a mediation where a single individual tries to work both parties toward a middle ground on which they can agree.
How Does It Differ From Litigated Divorce
In a litigated divorce each of the attorneys attempts to get the best deal
they can for their client within the specific parameters established by
statute, case law and local custom. The process is run according to rules
and a schedule set by the Court. When the parties are unable or unwilling
to agree, the decisions are made by the judge after hearing the evidence
presented by each party. A good decision is generally thought to be one
where neither party is happy with the outcome.
Where Can I Learn More?
Visit: www.CNYCollaborativelaw.com , www.collaborativelaw.org ,
or... Google “Collaborative Divorce”
If your group would like an informative presentation on collaborative divorce, give the office a call - 473-0063 |
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