What is a collaborative divorce process?

A collaborative divorce process is an alternative to a traditional divorce. It is a voluntary process, meaning both parties in the divorce must agree to use this approach. In a collaborative divorce, both parties agree to cooperate to find solutions that they can both feel comfortable with, instead of relying on a judge to decide. In New York, collaborative divorce is a form of alternative dispute resolution (ADR). It is different from a traditional divorce in that the two parties involved work together, with the help of divorce attorneys, to agree on all aspects of the divorce without going to court. Collaborative divorce involves four steps. First, both parties sign a Participation Agreement that outlines the process and all expectations. Second, both parties meet separately with their respective attorneys. Third, both parties meet together with their attorneys and work through each of the areas of the divorce. This is the bicultural stage, where the attorneys assist the parties in coming to an agreement. Finally, any agreements made during the collaborative divorce process are documented and filed with the court. The collaborative divorce process is generally less costly than a traditional divorce and can often be settled faster. It is an effective way to resolve disputes without going to court. It can also be emotionally beneficial, as it allows both parties to have direct input in the outcome of the divorce and encourages both parties to work together to reach a resolution.

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