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Collaborative Divorce Lawyer Albany NY
Although they can be overwhelming processes for the entire family, divorces don't have to be devastating and overly complicated. Many couples commit to working together to achieve a mutually beneficial outcome through respect, compassion, and cooperation.
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With the assistance of professional attorneys experienced in matrimonial and family law, separating couples can negotiate a collaborative divorce, which is a dignified option that allows both parties to make the best decisions during this process.
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At Divorce & Family Legal, LLC, we understand that families need peace and calm through this uncertain and emotional time. Therefore, our team is willing to provide legal representation to people who believe collaborative divorce is the amicable solution to their separation.
Main Differences Between Collaborative Divorce, Personal Injury, and Criminal Defense Cases
While all three types of cases involve legal proceedings, their objectives, processes, and potential outcomes are completely different. Collaborative divorce aims for a mutual agreement, focuses on family matters that must be resolved amicably and cooperatively by all parties involved, and seeks a negotiated settlement without going to court.
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Personal injury and criminal defense cases, on the other hand, involve adversarial relationships, focus on physical or legal wrongdoing, and can result in monetary damages or a criminal conviction.
Understanding What Collaborative Divorce Is
Since a marriage is considered a "civil contract," a divorce is a lawsuit by nature. The process is handled under matrimonial and family law, but it's still a dispute between two individuals.
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According to that definition, a collaborative divorce is still a civil litigation case. However, it's seen as a friendlier option because couples work together to negotiate an outcome that benefits both parties.
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In a collaborative divorce, former spouses have the decision-making power in their hands. Judges won't address the issues that typically emerge during a separation. Instead, both participants promise to do it themselves without threats, abusive language, and expensive legal battles.
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This agreement also requires former spouses to produce all their financial records, avoid speaking negatively about each other when their children are present, and address the following:
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Child custody
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Child support
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Spousal support
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Property division
The Collaborative Divorce Process Explained
How do collaborative divorce cases work in New York State, specifically in Albany? Although each law firm may proceed in a different way, the process is usually similar in almost all scenarios.
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As a first step, the couple must determine if a collaborative divorce is the best option for them. If both parties agree that the marriage has come to an end, they have to decide whether related issues can be resolved in a respectful manner to protect their children's best interests.
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Each party must choose a collaborative divorce attorney and schedule a consultation with this professional.
What Happens During the Consultation?
During the consultation, each spouse meets with their divorce attorneys to evaluate their cases. However, they aren't the only professionals involved in this process.
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Each party can meet with a collaborative team made up of several experts, such as a child specialist, financial advisor, or divorce coach, to assess the specific needs of both spouses and their children. The entire collaborative team will work together to try to reach a fair resolution while defining the commitments that each side will make.
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For these divorces, every decision, no matter how insignificant it may seem, must be made through a collaborative approach and allow both spouses to achieve a custody and financial plan that benefits them and their children.
How to Know If Collaborative Divorce Is the Right Fit
Collaborative divorce isn't the right fit for everyone. It's important for separating couples to talk to a qualified attorney to see if it's a good choice. However, several factors can indicate that this approach might work well for both parties.
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Willingness to treat each other with respect and dignity throughout the process
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Honest and open communication
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Commitment to make compromises to reach a mutually agreeable settlement
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Emotional maturity to handle all the challenges that come with the process
Collaborative divorce is often a good fit for cases with relatively straightforward issues. However, if the process involves highly contested or complex matters, traditional litigation might be more appropriate.
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While collaborative divorce can be more cost-effective than traditional litigation in the long run, it's important to consider the upfront costs and potential ongoing expenses. Plus, if there's a history of significant conflict or abuse, collaborative divorce might not be the best option.
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It's essential to consult with a qualified collaborative divorce attorney to discuss the case's specific circumstances and determine if this approach is the right fit. Lawyers can provide valuable insights and guidance based on their experience.
Practice Areas
Is Collaborative Divorce a Good Option?
Collaborative divorce is a relatively new approach to divorce governed by matrimonial and family law that is becoming increasingly popular. In essence, it's a non-adversarial process that allows divorcing couples to work together with their attorneys to reach a mutually agreeable settlement. This can be a much less stressful and time-consuming proceeding than traditional litigation.
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As such, collaborative divorce is a good option for couples who want to avoid the stress and expense of going to court.
Why Is It Strictly Necessary to Work with a Specialized Collaborative Divorce Lawyer?
It's strictly necessary to work with a specialized collaborative divorce attorney when considering this option. Collaborative divorce is a complex process that requires a high level of skill and experience. A qualified attorney can help couples navigate the process and ensure that their rights are protected.
What Can a Collaborative Divorce Lawyer Do for Clients?
A collaborative divorce lawyer can do several things for clients. They can help them:
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Understand the collaborative divorce process
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Negotiate a settlement agreement
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Prepare for mediation
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Represent them in court, if necessary
Contact Divorce & Family Legal, LLC for a Collaborative Divorce Attorney!
If you're considering a collaborative divorce, contact Divorce & Family Legal, LLC, to get in touch with a qualified attorney. We have a team of experienced collaborative divorce attorneys who can help you navigate the process and reach a fair and equitable settlement.
Divorce & Family Legal, LLC, serves the Capital District and its surrounding areas, including Albany. Contact us today!