Answered by: Neil E. Kozek of Kramer Kozek LLP
Collaborative Divorce (or Collaborative Practice-CP) offers parties a greater degree of control over dispute resolution. Less time consuming, CP is often less expensive and less stressful for clients and their children than traditional litigation. CP is private since all discussions occur “out of court.” Most significantly, CP has the potential to deliver a customized resolution with creative provisions addressing the unique concerns of a couple that might never be considered in traditionally negotiated or litigated matters.
CP is different from mediation. Many spouses prefer to have an advocate in the room (unlike the typical mediation) to be sure that relevant information is provided and legal questions are immediately addressed. Collaborative attorneys accompany the clients every step of the way. CP requires the same level of financial disclosure as the litigation process without the cost and time of a traditional divorce. CP utilizes a team of specially trained Financial, Mental Health and Legal Professionals, each helping the family through this very difficult transition. It is important to carefully screen each case to see if a Collaborative Divorce will meet the specific needs of any family.
Related Practice Area: Collaborative Law
Published in New York Super Lawyers 2010 - Metro — September 2010
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I’m unhappily married with three children. I want a divorce, but I’m afraid the system is skewed in favor of mothers. To complicate matters, I recently pleaded guilty to a DUI (my first). If I file for divorce, what are the odds I won’t be given custody?