What types of agreements can be negotiated in a collaborative divorce?

A collaborative divorce in New York is a legal process that allows couples to reach agreements without a court trial. This process is used to come to an agreement on key issues such as child custody, child support, alimony, division of assets and other related matters. During a collaborative divorce, the couple and their attorneys will work together to negotiate a marital settlement agreement. This agreement should include mutually beneficial terms that both parties agree to, such as the division of assets and liabilities among the parties. It can also address other matters, such as how to handle certain debts, parental responsibilities and child support, medical and other expenses, and a parenting plan, which will outline the logistics of how the children will be cared for. The agreement may also provide for the parties to enter into a “co-parenting agreement,” which will outline the terms and conditions that will govern the relationship between the parents and the children. It should also include provisions on how to handle changes in circumstances, such as job transfers or remarriage. If the couple has agreements regarding other matters, such as property division or spousal support, these can also be included in the marital settlement agreement. Moreover, the parties can agree to any number of other matters, including how to handle the family home, insurance, or tax issues. At the end of the collaborative divorce, the parties will sign a Marital Settlement Agreement, which must be made legally binding, and a Judgment of Divorce, resolving the marriage. This process allows couples to reach agreements without having to go to court, potentially saving time and money while preserving their relationship.

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