At the Law Office of Daniel Clement, we have a collaborative divorce practice built on nearly four decades of client representation.
If you and your spouse both want this resolved without a courtroom fight, collaborative divorce gives you a structure for doing that. Each of you keeps your own attorney and neither side files motions, and the negotiation happens across a conference table instead of in front of a judge.
Daniel Clement has handled New York matrimonial matters since 1986, in litigation and out of it. Our Brooklyn, NY collaborative divorce lawyer will tell you honestly whether your situation suits the process, because it does not suit everyone. Call us today to schedule your consultation to discover how our team can help.
Collaborative divorce is a private settlement process governed by a written agreement the spouses and their attorneys sign at the start. That agreement commits everyone to full financial disclosure and to resolving the case outside of court. It also disqualifies both attorneys from litigating the matter if the process breaks down, which gives every person in the room a reason to make it work.
State vital statistics data show 4,849 divorce decrees issued in Kings County in 2023, out of 18,465 citywide. Most of those cases settled at some stage. Our Brooklyn collaborative divorce attorney simply moves the settlement to the front of the process rather than the end of it.
Nearly any issue a Brooklyn family lawyer would take to a judge can instead be worked out collaboratively. What changes is the setting and the sequence, not the substance. Financial issues usually come first because they are the ones that stall, and parenting terms follow once the numbers are settled. The types of cases our Brooklyn collaborative divorce lawyer handles the most are:
Property division. Marital homes, co-op shares, retirement accounts, and brokerage assets all get identified, valued, and divided by agreement. Working privately lets couples trade priorities in ways a court order cannot easily replicate.
Alimony. Support terms negotiated collaboratively can be structured around real budgets rather than a formula output. Step-downs, review dates, and lump sum alternatives are all on the table.
Child custody. Parents build the schedule themselves, with a neutral child specialist involved when it helps. Agreements reached this way tend to hold up better over the years because both parents had a hand in writing them.
High asset divorce. Business interests, partnership stakes, and deferred compensation benefit from a single neutral financial professional instead of two opposing valuations. The cost savings on that alone can be substantial.
Prenup. Where an agreement exists, the collaborative process can settle how it applies without the public fight that a validity challenge produces.
Same sex divorce. Couples whose relationship long predates their marriage often need flexibility about what counts as marital, and that flexibility is easier to find by agreement.
Pet custody. Courts in New York give animals limited attention. Two people at a table can build a sharing arrangement that reflects what the dog actually needs.
Business owner divorces. When one spouse runs the company, litigation invites disclosure that competitors, lenders, and key employees can eventually see. A private process keeps the books out of the public file. It also avoids the operational disruption that depositions and subpoenas cause a working business.
Reworking an existing agreement. Post-judgment changes to support or parenting terms often move faster collaboratively than by petition, particularly where both former spouses agree that something needs to change. Income shifts, relocations, and a child’s changing schedule are the usual triggers.
Named to Super Lawyers every year since 2015 and honored as a Best Attorney in professional services, Daniel Clement has concentrated on divorce and family law since 1986, the year he was admitted to practice. He took his law degree at Brooklyn Law School after finishing his undergraduate work at the University at Albany. Mr. Clement has served on the New York City Bar Association’s Matrimonial Committee, has sat as a Small Claims Court arbitrator for the City of New York, and writes and lectures regularly on matrimonial practice.
While our Brooklyn collaborative divorce lawyers try to reach an agreement without a trial, we’re not afraid to take a case to court if needed. Our record includes both, and clients say so in the client reviews. Our divorce lawyer in Brooklyn, NY knows what a Brooklyn judge would likely do and what makes a negotiated number defensible.
The process runs on a participation agreement signed before substantive talks begin. Everything after that follows from the terms of that document.
Both spouses retain separate counsel trained in collaborative law
Financial disclosure is voluntary, complete, and exchanged directly rather than through formal discovery demands
Neutral professionals, typically a financial specialist and sometimes a child specialist, serve both parties
Negotiation happens in scheduled four-way meetings with agendas set in advance
If either spouse withdraws and files, both attorneys must step aside and the parties start over with new counsel
The collaborative divorce process may be a poor fit where there is domestic violence, hidden assets, or a spouse who will not disclose honestly. Our Brooklyn collaborative divorce lawyer says so at our first meeting when we see those signs, rather than letting a client spend months learning it the expensive way.
When working with our Brooklyn collaborative divorce lawyer, we’ll often prioritize the following aspects:
Complete sworn statement of net worth from each spouse, prepared honestly
Willingness to hear the other side’s priorities without conceding your own
Realistic expectations about what a divorce costs, since collaborative work is usually cheaper but is not free
Drafting discipline, because clear agreements prevent the return trips to court that vague ones guarantee
A workable parenting plan where children are involved, detailed enough to answer questions before they become arguments
Pace is set by the parties rather than a court calendar, which is one of the real advantages. Most Brooklyn matters follow a recognizable arc.
Individual consultations and the decision about whether the process fits, usually two to three weeks
Signing the participation agreement and assembling the professional group
Exchange of financial documents and preparation of net worth statements
Four to eight joint meetings covering finances first, then parenting terms
Drafting the settlement agreement, followed by an uncontested filing under no fault divorce grounds
Four to nine months is typical when working with our Brooklyn collaborative divorce attorney. A contested Brooklyn divorce running the traditional route often takes considerably longer, and the gap in legal fees is usually wider still. Delays in the collaborative model almost always trace back to one spouse being slow with documents, which is something we address directly at the next joint meeting.
Come with the financial picture and a sense of what you want the outcome to look like. We do not need everything at the first meeting.
Recent tax returns and current pay or distribution records
A rough list of assets, debts, and account institutions
Any existing marital agreement or prior court order
Your thoughts on a parenting schedule, if you have children
We will explain how the process differs from litigation, what the professional group costs, and what happens if it fails. Consultations with our Brooklyn collaborative divorce lawyer are free and confidential.
Divorce petitions in Brooklyn are filed at Kings County Supreme Court, 360 Adams Street, which is also where an uncontested collaborative settlement gets submitted for a judgment. The court runs a matrimonial mediation program for cases already in litigation, a separate track from collaborative practice but a useful comparison when you are weighing options. Procedural questions about filing and residency are answered in the court system’s divorce FAQs, and self-represented parties can pick up forms at the Help Center on the first floor. Custody and support enforcement after judgment is handled by Brooklyn Family Court on Jay Street.
A first conversation costs nothing and will tell you a great deal about which path suits your marriage and your finances. We will walk through how the process works, what it is likely to cost, and whether both spouses appear willing to make it succeed. Contact us to arrange a free consultation with our Brooklyn collaborative divorce attorney.
112 Madison Ave Suite 800
New York, NY 10016
If you are considering a premarital agreement in Woodstock or the surrounding Hudson Valley area, we’re ready to provide guidance. We offer free initial consultations, and we take the time to explain your options. The process of devising a prenup doesn’t have to feel adversarial, but it needs to be done right to be valid in the court of law. We can consult with you and consider whether having a prenuptial agreement would be in your best interests before marriage. Contact us to schedule your prenup consultation.
“Daniel is a highly skilled professional whose experience and emotional support were key enable me navigate and successfully go through what can be a challenging and stressful process at times. I am very grateful for his prompt responsiveness always, his commitment to protecting my interests and efficiency at getting my divorce finalized. I definitely recommend.”
Thomas Sczyrba
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Daniel Clement graduated from Brooklyn Law School and the State University of New York at Albany. With over 35 years of experience, he has been a member of the New York City Bar Association and the Matrimonial Committee. In addition, he has worked as an Arbitrator in the Small Claims Court of the City of New York.
Known for his straightforward yet savvy approach to law, he specializes in multiple areas of family law including divorce, how to protect assets in a divorce, child custody, prenuptial agreements, property division, maintenance/alimony, and high net worth divorce. Clients hire Daniel for the personal attention, hard work, street smarts, and excellent value he brings to each case.
An accomplished attorney, Daniel also lectures and writes for various publications, including a blog entitled the “New York Divorce Report” and has co-authored the book, “Onward and Upward: Guide to Getting Through New York Divorce and Family Law.”