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02 Oct 20

New York Collaborative Divorce Lawyers

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What You Need To Know About Divorce and the Role of a Divorce Attorney in Divorce Process

Most cases of divorce are preceded by long, tiring, and stressful events. Even as people search for divorce attorneys to handle the legal part of the divorce process, they also need a person they can confide in and get solace from. That explains why a good divorce lawyer is one who takes time to understand a client’s past, who is not quick to judge, and who believes in the brightness of a client’s future. Spodek Law Group, for example, is one law firm that boasts of some of the best divorce lawyers in New York. The lawyers walk you through the murky divorce process and carry part of the heavy burden on your behalf.

Divorce as an Area of Legal Practice and What It Pertains

When it comes to divorce legal proceedings, many factors come into play depending on the type of divorce at hand. Some divorces are contested, others are not. Some divorce proceedings, on the other hand, have a question of child custody or even child support involved. Before the legal part of the divorce commences, the involved parties are required to come out clear to have their case classified accordingly. Below are the scenarios that are involved in divorce litigations:

(i) Same-Sex Divorces

With the legalization of gay marriages and the subsequent enactment of the Marriage Equality Act, cases of same-sex divorces have become more regular. Today, family and divorce lawyers have seen their area of practice expand to accommodate the new changes. They handle out of court settlements that arise from same-sex prenuptial agreements and in more serious cases, lead to litigations in courts of law.

(ii) Cases Involving Children

Marriages that involve children are relatively harder to split. With children involved, a few complications kick in. They include:

  1. a) Child custody arrangements
  2. b) Relocation of minor children
  3. c) Child support.

In the three cases, divorce lawyers come in to advocate for the rights of children while at the same time ensuring that both parents get their rights as well. Amicable arrangements are made to ensure that the custody of the child is in line with parental laws. If the child is a minor, the custodial parent stays with the child while the noncustodial parent is given the child visitation rights. Financial stability of the child, on the other hand, is of paramount importance. Attorneys must ensure that child support payment is made in a fair manner to all parties.

(iii) Contested and Uncontested Divorces

Contested divorces are those where the couple is not able to agree on property division while the uncontested divorce is the one in which the couple amicably agree on all issues. In both cases, a divorce attorney has a role to play in ensuring that the process is fair and that no double-crossing occurs.

 

(iv) Modifications To Divorce Agreements

Even after a divorce case is finalized, a divorce lawyer is needed to litigate on matters of agreement modifications. This is particularly common where child support is involved and where a parent feels that payments, as ordered by the divorce court, ought to be scaled either upwards or downwards. When a person’s source of income shrinks, his or her attorney convinces the relevant authorities to reduce the amount payable and vice versa.

The Laws That Guides Divorce as an Area of Legal Practice

Divorce law falls under a more extensive legal area of practice- the Family Law. Statutes, codes, and legislative laws guide the practice of family laws. Under the law, divorce is defined as a dissolution of marriage and gives the parties involved the right to remarry afterward. Other laws include The Defense of Marriage Act and Uniting American Families Act.

Who is On the Collaborative Divorce Team?

The Collaborative Divorce team is a group of professionals, each of whom is skilled in their own area of expertise.  They all work together for the benefit of the clients and the clients’ family. It is akin to a medical team in an organ transplant, for example, in which different specialists each focus on a particular aspect of the care and health needs of the patient.

The members of a Collaborative Divorce team include:

  • A Collaborative Divorce lawyer for each spouse
  • One or more financial professionals
  • A Divorce coach
  • A Child specialist

Whereas traditional divorce often entails a crossfire of demands and accusations, the Collaborative approach to divorce works on the basis of mutual cooperation and problem solving. 

Typical characteristics of the Collaborative approach to divorce include:

 

  • The team looks to understand what is important to each client and the family as a whole.
  • The team offers targeted legal, mental health and financial support as needed.
  • The team can brainstorm and suspend judgment.
  • The members of the team refrain from negativity.
  • The common focus is on problem solving and exploring options.  This allows for creativity.
  • Ultimatums, roadblocks, barriers and negative criticism are not allowed.
  • The common goal is to support the parties in their goal of reaching settlement.

Bear in mind that you as the divorcing spouses are an integral part of the team. The Collaborative approach to divorce benefits them in that spouses exchange helplessness and lack of control for knowledge and empowerment. The common goal of each member of the team is to help reduce the stress of the unknown.

Benefits of Collaborative Divorce

Achieving  a settlement that best meets the specific needs of both parties and their children in a divorce without the underlying threat of litigation is definitely possible.

Despite the best intentions, many marriages come to an end and spouses go their separate ways. There are different paths toward divorce. The Collaborative route offers couples a respectful, dignified approach that preserves rather than destroys. 

According to nycollaborativeprofessionals.org, studies show that on top of significantly lowering the expenses incurred by divorcing couples, the Collaborative Divorce process helps protect assets for the family when funds are required to newly establish two households. Most importantly, when it is executed as agreed upon by divorcing individuals and their attorneys, a collaborative settlement can be reached much quicker than other forms of negotiation, thereby greatly reducing the emotional trauma families experience during a divorce.  This is especially good for the children involved.

As a marriage comes to an end, Collaborative Divorce sets a new direction for the future of the family.

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