New York City Collaborative Divorce Lawyer

Why Choose the Law Office of Daniel Clement for Collaborative Divorce in New York, NY?

Decades of New York Divorce Experience on Both Sides of the Table

Daniel Clement has practiced New York divorce and family law since his bar admission in 1986, earning his J.D. from Brooklyn Law School that same year. Four decades in New York divorce practice means he has seen what litigation does to families, what it costs financially, and what it costs emotionally. That context shapes how he approaches collaborative cases.

As a divorce lawyer in New York, NY, Daniel brings the same strategic thinking to a collaborative matter that he brings to a contested one. The difference is that in a collaborative proceeding, the goal is a negotiated resolution that both parties can live with, rather than a courtroom outcome imposed by a judge. Understanding what a court would likely do if the matter were litigated is actually essential to negotiating effectively in the collaborative process. That knowledge is what 35 years of New York divorce practice provides.

Active Engagement With New York’s Matrimonial Law Community

Daniel is a member of the New York City Bar Association and served on its Matrimonial Committee. He has also served as an Arbitrator in the Small Claims Court of the City of New York. The New York Collaborative Law Center, which Daniel has worked with in connection with his practice, represents the organized effort to bring collaborative law to New York’s family courts, and his familiarity with that movement reflects genuine engagement with this area of practice.  

He was recognized as a Super Lawyer in September 2015 and received the Best Attorney recognition in Professional Services in June 2010, peer recognitions that reflect a sustained standard of work across a long career in New York family law.

Transparent Value for Clients Who Want to Resolve, Not Litigate

Collaborative divorce, when it works, is almost always less expensive than contested litigation. This can be important to couples who do not have the means for protracted divorce litigation. Knowing when it is likely to work and when it is not is part of the honest counsel Daniel provides from the first conversation.

A Practical, Client-Centered Approach to Resolution

Daniel Clement is recognized specifically for handling complex and high-profile divorce matters with a practical, client-centered approach. That description fits collaborative divorce well. The process requires an attorney who is genuinely focused on reaching the best outcome for the client rather than prolonging a dispute. Clients hire Daniel for personal attention, hard work, and excellent value, qualities that matter in collaborative proceedings where efficiency and clear communication directly affect the cost and timeline of the case.

⭐⭐⭐⭐⭐ “Daniel handled my divorce. He was excellent to work with. He listened to me and took into consideration what I wanted without dictating or imposing his thoughts onto me. He offered me my options as well as his thoughts in an open way, based on what I was looking for. He may have disagreed with me on certain things, but was always supportive in my goals. I would highly recommend him.” — Michael Pelrine

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Types of Collaborative Divorce Cases We Handle in New York

Collaborative divorce in New York covers all the same substantive issues as contested divorce. The difference is the process used to resolve them. We handle collaborative proceedings across the full range of circumstances.

• Uncontested collaborative divorce. When both spouses agree on all major issues, the collaborative process can finalize a divorce efficiently and with minimal court involvement. We handle the drafting and filing of all required documents and guide both parties through the steps to finalize an uncontested divorce in New York.

• Collaborative property division. Dividing marital assets and debts through negotiation rather than litigation requires both parties to make full financial disclosure and engage in good-faith bargaining. We handle property division in the collaborative context and help clients understand what New York’s equitable distribution standard would produce if the matter went to court.

• Collaborative child custody and parenting plans. Parents who want to design their own custody and visitation arrangements rather than having a judge decide are good candidates for the collaborative process. We help clients develop parenting plans that reflect the family’s actual needs and circumstances and that will hold up over time.

• Collaborative spousal support negotiations. Maintenance and alimony are often the most emotionally charged financial issues in a divorce. Negotiating them collaboratively, with both parties informed about what the statutory formula would produce, tends to produce more durable agreements than litigated outcomes. We handle maintenance as part of the collaborative process and advise clients on the full range of spousal support considerations.

• Collaborative high-asset divorce. Even complex divorces involving significant assets, business interests, and investment portfolios can be resolved through the collaborative process when both parties are committed to it. We handle high-asset divorce matters collaboratively when the circumstances support it, bringing in financial professionals and other neutral experts as needed.

• Transition from collaborative to contested proceedings. When a collaborative process breaks down, the case moves to litigation. If you began a collaborative process without legal representation and need to transition to contested proceedings, or if your collaborative attorney must withdraw under New York’s collaborative law rules, we handle that transition as well. We advise you on whether to mediate, collaborate, or litigate to ensure that you secure the divorce decree that best reflects your wishes and protects your rights.

New York Legal Requirements for Collaborative Divorce

Collaborative divorce in New York operates under a specific legal framework governed by the New York Collaborative Family Law Act, codified as Article 19-A of the Domestic Relations Law. Here is what the law requires and how the process works.

The participation agreement. Under Domestic Relations Law Section 590, a collaborative divorce begins when both spouses sign a collaborative participation agreement. This agreement commits both parties and their attorneys to the collaborative process and, critically, requires the attorneys to withdraw if the process fails and the matter proceeds to litigation. This disqualification provision is the defining structural feature of collaborative law and is what creates the incentive for all parties to work toward resolution.

Full financial disclosure. Collaborative divorce requires voluntary and complete financial disclosure by both parties. This is not optional. The process depends on both spouses having accurate information about the marital estate, and any attempt to conceal or misrepresent assets undermines the entire proceeding. New York’s Domestic Relations Law Section 236B governs the financial disclosure requirements that apply in all divorce proceedings, including collaborative ones.

The role of neutral professionals. In many collaborative divorces, neutral financial advisors, child specialists, and mental health professionals are brought into the process to provide expertise and help the parties reach informed decisions. These professionals are retained jointly by both spouses, which keeps costs lower than retaining competing experts for litigation.

Court involvement. The collaborative process itself happens outside of court. Once an agreement is reached, it is submitted to the court for approval and incorporated into the divorce judgment.  

When collaboration is not appropriate. Collaborative divorce is not suitable in every case. When there is a history of domestic violence, a significant power imbalance between the parties, or reason to believe one spouse will not make full financial disclosure, litigation may be the more appropriate path. Honest assessment of whether the process fits the situation is part of what we provide before a participation agreement is signed.

Important Aspects of a New York Collaborative Divorce Case

The Disqualification Provision and What It Means

The rule that collaborative attorneys must withdraw if the process fails is not just a procedural technicality. It is the engine that drives the collaborative process forward. Because both attorneys know they will not be handling the litigation if the collaboration breaks down, everyone at the table has a genuine incentive to reach an agreement. For clients, this means your attorney’s interests and your interests are aligned in a way they are not always in contested litigation. When the process breaks down, we may recommend mediation to help you and your spouse reach an agreement acceptable to you both. 

Financial Disclosure and Hidden Assets

The collaborative process depends entirely on honest financial disclosure. When one party suspects the other of concealing assets, the process faces a fundamental problem. We have addressed the issue of hidden assets in divorce extensively in our practice, and part of our role in collaborative proceedings is ensuring our client has the information needed to negotiate effectively. If disclosure appears incomplete or inaccurate, that is a signal that the collaborative process may not be the right vehicle for that particular case.

Drafting Agreements That Hold Up

Collaborative divorce produces a written agreement that becomes part of the divorce judgment. That agreement needs to be precise. Ambiguous language about custody schedules, asset transfers, maintenance terms, and debt allocation creates disputes down the road, often expensive ones. Our years of experience drafting and litigating marital agreements in New York means we know exactly where agreements fail and how to draft provisions that do not. Getting it right the first time is far less costly than returning to court later.

Custody and the Best Interests Standard

Even in a collaborative divorce, any custody arrangement the parties reach must satisfy New York’s best interests of the child standard. A judge reviewing the agreement will not approve custody terms that appear contrary to the child’s welfare. Understanding what courts expect from parenting plans, what provisions tend to create problems, and how to structure custody arrangements that will stand up to judicial review is part of what we bring to every collaborative custody negotiation.  

When the Process Breaks Down

Not every collaborative divorce reaches a successful conclusion. Sometimes one party stops participating in good faith. Sometimes new information emerges that makes an agreed resolution impossible. When the process breaks down, the disqualification rule means both attorneys must withdraw and new counsel must be retained for litigation. That transition takes time and costs money. Part of our job is assessing from the outset whether the collaborative process is genuinely viable for a given couple and advising clients honestly when it is not.  

Law Office Of Daniel Clement – NYC Family Law Firm

112 Madison Ave Suite 800
New York, NY 10016

Contact the Law Office of Daniel Clement

Collaborative divorce in New York offers a real alternative to contested litigation for couples who are prepared to engage in the process honestly and constructively. It requires the right circumstances, the right preparation, and an attorney who understands both the collaborative framework and what litigation would look like if the process fails. At the Law Office of Daniel Clement, we help protect your rights in a collaborative divorce, ensuring that you receive your fair share of marital property and your parental rights are preserved. We act only in your interests, not your spouse’s. 

We offer free consultations and respond promptly to every inquiry. Contact us to speak with our New York collaborative divorce lawyer about whether collaborative divorce is the right approach for your situation.