More In This Category
View Transcript
there’s different options in order to
get a divorce in New York state the
ultimate goal is to reach a resolution
and so you can do that either by
agreement or if you can’t reach an
agreement that’s when people ends up in
court however before going to court
people can consider alternative dispute
resolution one form of that is mediation
that’s where two people sit in a room
with a mediator but the mediator can’t
give legal advice so I often advise
clients please still consult with a
lawyer before during and after mediation
to make sure you understand your legal
rights and obligations the second option
is collaborative law that’s where each
party has their own legal counsel and
there can be a professional team where
you bring in either a family specialist
with a psychological background or a
financial specialist with a financial
background and the team works with the
two parties in order to reach an
agreement the main issue with
collaborative is a commitment by
everyone not to go to court it is a case
that will have to stay out of cour Court
none of the professionals can go to
court if the case breaks down so
everyone really agrees and operates in
good faith in order to reach a
resolution so much so that they sign a
participation agreement to make sure
everybody’s committed to maintaining
that collaborative process the last
option is litigation many lawyers will
try to still negotiate resolutions for
clients before the case ends up in court
or goes through the court system but the
case would otherwise be through the
court system and proceed all the way
through till trial if the two parties
can’t reach an agreement many cases do
settle while they’re going through the
court system and don’t ultimately go to
trial but if in fact you get to the end
and there’s no resolution by a written
agreement then the court will start the
trial and that’s how they’ll ultimately
decide the resolution of all the
ancillary issues to Grant the divorce
Westchester, NY family law attorney Andrea B. Friedman talks about some of the different processes for obtaining a divorce.