OPTIONS TO CONSIDER:
Essentially there are 4 options to consider when choosing how to proceed in divorce:
1. MEDIATION:
A non-adversarial process in which the mediator represents neither party and is a “facilitator of a process” (a neutral, impartial person) whose role is to help the parties to communicate in a non-argumentative and productive manner, in a safe environment with professional assistance and structure so they may explore the specific issues in divorce that need address and resolution. Both parties are strongly encouraged to utilize their own legal counsel for legal advice throughout the mediation process. The process affords the parties the opportunity to resolve the disputes together, outside of Court, preserving their autonomy and self-determination, rather than having a third party make the critical decisions for them. Through the mediation process a foundation is established for the parties to communicate and to provide for the ability for them to communicate in the future as additional questions and concerns arise, commonly in the area of the parenting of their children, a benefit not frequently found after adversarial proceedings. The Mediation Process is less expensive than the Litigation Process undertaken by the Judicial System, but requires commitment from both parties to undergo an intensive process with respect and an open mind to creative problem solving that can provide mutual benefits to both parties and especially the children.
2. COLLABORATIVE DIVORCE:
A non-adversarial process in which the husband and wife each have an attorney and their interests are represented and advocated by his or her own counsel, outside of Court and in a non-adversarial setting. Collaborative Law offers the potential for creative problem-solving which is made possible when two lawyers trained and committed to that approach work together to solve the issues and problems presented. If the process breaks down, the collaborative attorney cannot represent you in Court.
A non-adversarial process in which the husband and wife each have an attorney and their interests are represented and advocated by his or her own counsel, outside of Court and in a non-adversarial setting. Collaborative Law offers the potential for creative problem-solving which is made possible when two lawyers trained and committed to that approach work together to solve the issues and problems presented. If the process breaks down, the collaborative attorney cannot represent you in Court.
3. COOPERATIVE DIVORCE (AMICABLE DIVORCE):
Cooperative Divorce Law is similar to collaborative law in that the process is grounded on a respectful negotiation that takes place at 4-way meetings with the divorcing parties and their lawyers. The process assists in creating and maintaining a non-confrontational (non-adversarial) climate where compromise, and creative problem-solving can take place. Its purpose is to help the parties minimize the time, cost, and destructive proceedings that often result from protracted litigation proceedings in Court. The structure provides the parties a productive approach and effective way of presenting their positions to one another. If they are unable to reach a settlement, the cooperative model unlike the Collaborative Divorce Model, does not prohibit the lawyers from representing the parties before the Court. While Cooperative Divorce Law has not taken shape formally in New York, it is similar in concept to the approach taken in an amicable divorce. The success of the process is due to the commitment of the parties and counsel to work in a respectful and cooperative fashion. The attorneys who engage in this area of practice do so generally based on the belief that it is a preferable model. There is no requirement however that counsel have training in mediation, collaborative law or alternative dispute resolution. It is suggested that counsel carefully inquire as to potential counsel’s philosophy and preferred models of practice.
Cooperative Divorce Law is similar to collaborative law in that the process is grounded on a respectful negotiation that takes place at 4-way meetings with the divorcing parties and their lawyers. The process assists in creating and maintaining a non-confrontational (non-adversarial) climate where compromise, and creative problem-solving can take place. Its purpose is to help the parties minimize the time, cost, and destructive proceedings that often result from protracted litigation proceedings in Court. The structure provides the parties a productive approach and effective way of presenting their positions to one another. If they are unable to reach a settlement, the cooperative model unlike the Collaborative Divorce Model, does not prohibit the lawyers from representing the parties before the Court. While Cooperative Divorce Law has not taken shape formally in New York, it is similar in concept to the approach taken in an amicable divorce. The success of the process is due to the commitment of the parties and counsel to work in a respectful and cooperative fashion. The attorneys who engage in this area of practice do so generally based on the belief that it is a preferable model. There is no requirement however that counsel have training in mediation, collaborative law or alternative dispute resolution. It is suggested that counsel carefully inquire as to potential counsel’s philosophy and preferred models of practice.
4. CONTESTED DIVORCE LITIGATION:
An adversarial process where the husband or wife files for divorce in the Supreme Court, and serves the other party. A judge is assigned to the case and the couple (usually represented by their own independent counsel) proceed through the various stages of litigation before the matrimonial court either reaching a settlement at some juncture or resulting in a trial and Decision of the Judge on the pertinent divorce issues.
Only you and your spouse know which option best suits your individual needs and those of your family.
An adversarial process where the husband or wife files for divorce in the Supreme Court, and serves the other party. A judge is assigned to the case and the couple (usually represented by their own independent counsel) proceed through the various stages of litigation before the matrimonial court either reaching a settlement at some juncture or resulting in a trial and Decision of the Judge on the pertinent divorce issues.
Only you and your spouse know which option best suits your individual needs and those of your family.
In the first three options, the husband and wife have the opportunity to pursue resolution and divorce outside of Court, utilizing a process that can work fairly and result in mutual benefits for each party and which considers the needs of the entire family. We recognize that mediation is not for everyone and there are times that models requiring cooperation of both parties is just not practicable. Representation by experienced divorce counsel in the Supreme Court, matrimonial part, can be process. This arises when there is domestic abuse, when one party is unwilling to cooperate and will not agree to a divorce, or when the other spouse files or divorce and elects to use the judicial process in Court.
Call Emily Lynn Singer for an appointment for mediation after you decide with your spouse if mediation is right for you. The first meeting must be with both parties.
If Mediation is not for you and it is your desire to contact Emily Singer for representation as your attorney in Court, or outside of Court (in a collaborative or cooperative divorce), you may call to make an appointment for an individual consultation. However, after meeting with one spouse for a consultation, it is not possible to become involved as a mediator (a neutral third party neutral facilitator.)
Areas
“Our end is your beginning “
Call Emily Lynn Singer for an appointment for mediation after you decide with your spouse if mediation is right for you. The first meeting must be with both parties.
If Mediation is not for you and it is your desire to contact Emily Singer for representation as your attorney in Court, or outside of Court (in a collaborative or cooperative divorce), you may call to make an appointment for an individual consultation. However, after meeting with one spouse for a consultation, it is not possible to become involved as a mediator (a neutral third party neutral facilitator.)
Areas
- Child Custody – Parenting Rights
- Child Support
- Spousal Support (Maintenance)
- Equitable Distribution - Separate Property
- Prenuptials and Postnuptial Agreements and conflict resolution
- Divorce
- Separation
- Enforcement
“Our end is your beginning “