When most people initiate or respond to divorce, the notion of “collaboration” is often far from their minds. However, not every divorce is a screaming, contentious matter. Some spouses, such as those who were not married for very long or who can compromise on the most contentious parts of divorce, like child custody or property division, may amicably decide to have a collaborative divorce.
However, just because you can agree on how to split your legal ties to your spouse doesn’t mean you should undertake this without the advice and support of a skilled New York, NY, collaborative divorce attorney. At the Law Office of Daniel Clement, we represent your interests in a collaborative divorce. Call us today to learn more.
Many people believe that because they can agree on a divorce decree themselves, they do not need an attorney. However, there are a few requirements for a true collaborative divorce. The goal of collaborative divorce is to avoid unnecessary (and costly) litigation and prevent the matter from going to trial. However, both spouses and their attorneys must commit to the collaborative divorce process.
Instead of preparing your case for trial, our legal team focuses our efforts and resources on negotiating a divorce decree that represents your interests and one that both sides can live with. We get to know you, talk about your relationship with your spouse, and help you determine what is most important for you in the device and areas where you can give a little for a compromise.
Collaborative divorce doesn’t mean that there are no hotly contested issues. However, if both parties can avoid bitter fights or taking each small matter to court and focus instead on fairly splitting property and working out the best shared custody arrangement for the best interests of their children, then it becomes easier to find solutions that work for both spouses.
Collaborative divorce can be a viable option if you can have a rational, practical discussion with your soon-to-be ex about matters like property division or spousal maintenance. It’s also an option for couples who do not have a lot of money, as this process can be more cost-effective than multiple court hearings and a trial.
It’s also an option for couples who must maintain a cordial relationship after divorce, such as co-parenting or unraveling shared business interests. Collaborative divorce establishes a pattern of fair give-and-take and can help you and your spouse maintain healthy communication patterns that will serve you well if you have to communicate on other matters post-divorce. Not every contingency in shared custody can be hammered out in divorce decrees; if you are able to fairly negotiate with your spouse, then your children benefit from an amicable relationship.
As your New York collaborative divorce attorney, we represent you in negotiations with your spouse and their legal representative. We can help you prioritize your needs to achieve the best possible divorce decree and advise you of possible issues that need to be addressed. If you would prefer to avoid court during your divorce, contact the Law Offices of Daniel Clement today.
Very knowledgeable. Daniel made things much easier in my custody case. He helped me to prepare and with his recommendation we avoided going thru the pain of a trial.
Thanks a lot Daniel!
– Felipe R.
112 Madison Ave Suite 800
New York, NY 10016
“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
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.”