COLLABORATION LAW FAQ

Collaboration Law FAQ

ATTORNEY ANSWERS QUESTIONS ABOUT COLLABORATIVE LAW

Providing answers to common collaborative law questions

Lauren B. Abramson, Esq. believes an informed client is an empowered client. On this page, we provide answers to the questions we hear most often about collaborative law. If you have questions about whether a collaborative divorce is right for you, please contact our office today.

Collaborative law questions


Consult an experienced New York family law attorney to discuss your individual circumstances and help decide if collaborative divorce is right for you. New York family law attorney Lauren B. Adamson fosters collaborative law resolutions throughout Westchester County, and the surrounding areas. Our office is across from Saxon Woods Park, between the Hutchinson River Parkway and the New England Thruway. Parking is free. Call us today at 914-908-5877 or contact us online to schedule a meeting. We are committed to your future.

WHAT IS COLLABORATIVE FAMILY LAW?

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Collaborative family law is a problem-solving process in which the divorcing parties and their attorneys seek a mutually acceptable settlement to end a marriage without the stress, delay and expense of traditional litigation.
WHY DOES COLLABORATIVE LAW WORK?
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Collaborative family law works best when the parties are committed to three principles:

• To negotiate a mutually acceptable settlement without having a court decide the issues
• To maintain open communication and information sharing
• To create shared solutions that acknowledge the parties’ highest priorities
IS COLLABORATIVE LAW RIGHT FOR MY CASE?
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The collaborative process is for couples seeking a dignified end to their marriage. Ultimately, you are the best judge of your and your spouse’s ability to collaborate. Collaborative law may be right for you and your spouse if you can adhere to the following principles:

• You desire a respectful, dignified process for ending your marriage.
• You wish to maintain control over decisions affecting your lives during and after your divorce.
• You understand the importance of maintaining a relationship with your spouse after the divorce if children are involved.
• You want to protect your children from the potential harm of divorce litigation.
• You can be fair and honest with your spouse.
HOW DOES THE COST OF COLLABORATIVE LAW COMPARE WITH THE COST OF TRADITIONAL LITIGATION?
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Litigation is usually the most expensive way to resolve a dispute. It is not uncommon for a motion drafted, filed and argued by an attorney to cost as much as the entire collaborative law process.
ARE THE PARTIES IN COLLABORATIVE LAW REQUIRED TO GIVE FINANCIAL INFORMATION TO EACH OTHER?
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Yes. Both parties must fill out a financial disclosure form and provide documents confirming the information provided. If a collaborative lawyer learns a client has withheld or lied about information that should have been disclosed, the participation agreement requires the lawyer to withdraw from the case unless the client corrects the information.
WILL MY RIGHTS BE PROTECTED IF I CHOOSE COLLABORATIVE LAW?
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In a collaborative law process, each attorney has a duty to represent his or her client’s interests. The collaborative law process does not make your attorney any less dedicated to your welfare.
WHAT HAPPENS IF WE CANNOT REACH AN AGREEMENT?
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The spouses and attorneys are bound by a written pledge not to go to court over any contested issue. If an agreement can’t be reached, collaborative law attorneys may suggest bringing in mediators or other professionals to facilitate a settlement. If the additional help doesn’t produce an agreement, both parties’ attorneys are obligated to withdraw from the case. Both parties would have to find new lawyers and start the traditional divorce process from the beginning.
CAN THE COLLABORATIVE LAW PROCESS BE TERMINATED?
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Yes. Either client can always choose to end the collaborative process and go to court.
WHAT IS THE DIFFERENCE BETWEEN COLLABORATIVE LAW AND TRADITIONAL LITIGATION?
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In a traditional divorce, one party sues the other in court, which is often the beginning of a long and arduous process. Interestingly, however, most divorces end up settling rather than going to trial. In collaborative law, the parties skip the traditional, contentious court process and agree to negotiate in good faith to reach a settlement without going to court.
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