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Nassau County Family Law Blog

Monday, June 1, 2015

Alternatives to Traditional Divorce

My spouse and I would like to pursue an amicable divorce and stay out of court. Is this possible?

With the dawning of no-fault divorce in New York, couples looking for a more amicable, less-stressful dissolution experience may be able to achieve such results through the use of alternative dispute resolution. Namely, mediation and collaborative divorce models have proven successful in New York, allowing couples the opportunity to transition their family dynamics with dignity and grace, as opposed to name-calling and vitriol.

Collaborative Divorce

As the name suggests, a collaborative divorce is one in which all parties agree to forgo litigation (i.e., court intervention) in lieu of working together to arrive at a practicable solution. Issues ranging from spousal support to child visitation are negotiated in a non-adversarial environment, and parties are encouraged to work together – rather than in opposition – to arrive at a settlement agreement that meets the needs of the family as a whole. Collaborative divorce relies on the mutual agreement by both spouses to engage in full disclosure during all negotiations, as well as treat all parties involved with respect.

Mediation

 As a component of the traditional divorce model, mediation is often used when parties are stuck on a particular issue, and is designed to avoid the costs and time investment of full-blown litigation. In lieu of the formal adversarial process, parties are seated at a table before a neutral third party. This third party will then work with both sides to determine the most important factors at play, as well as offer solutions for both parties to consider. If, at the conclusion of the session, an agreement cannot be reached, parties will be scheduled for a full hearing before a New York judge.

Contact a reputable Nassau County family law attorney today

If you are in search of less combative, more productive options for your divorce, please contact Howard B. Leff, P.C. right away for help. We have experience with collaborative divorces and divorce mediation. Our offices serve Long Island and the metropolitan New York area. Call (516)739-7500 for a free initial consultation.


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