What are the limits to collaborative divorce negotiations?

The limits to collaborative divorce negotiations vary from state to state. In New York, the limits of a collaborative divorce negotiation are mandated by state law. Generally, the collaborative divorce process starts when a couple agrees to the terms of their divorce and agrees to negotiate in good faith. In New York, the limits of collaborative divorce negotiations can include topics related to the separation of marital property, parental rights and responsibilities, and support issues for the spouses and any children involved. The parties must also agree on spousal support and an equitable division of their marital assets and liabilities. Additionally, the parties must also follow certain protocols during the collaboration process. These rules may include the requirement that the negotiations take place in a neutral setting or that the parties only communicate directly through their attorneys or mediators. Additionally, if the couple cannot reach an agreement on an issue, then they must agree to not discuss the issue outside of the collaborative process. Finally, the parties must also agree to not use the collaborative process to threaten or coerce the other party into agreeing to a particular result. Any agreement that results from collaborative divorce negotiations must be voluntary and entered into in good faith. In short, the limits to collaborative divorce negotiations depend largely on the state’s laws, but generally the parties must agree to not use threats or coercion, negotiate in good faith, and communicate through or only with their attorneys or mediators.

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What are the limits to collaborative divorce negotiations?

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