MANHATTAN, NY - Couples seeking to dissolve their marriage in New York have an alternative to traditional courtroom battles through collaborative divorce, a structured legal process that emphasizes cooperation and transparency. Manhattan divorce attorney Ryan Besinque of The Law Office of Ryan Besinque (https://www.besinquelaw.com/what-is-a-collaborative-divorce/) is providing guidance on how collaborative divorce works and when it may be the right choice for couples in New York City.
According to Manhattan divorce attorney Ryan Besinque, collaborative divorce allows couples to work together with specially trained attorneys to reach settlements without going to court. Each spouse retains their own lawyer, and all parties meet in joint sessions to negotiate terms covering property division, child custody, spousal support, and other divorce-related issues. "The collaborative process prioritizes cooperation and transparency, aiming to reduce conflict and preserve dignity for everyone involved," explains Besinque.
Manhattan divorce attorney Ryan Besinque notes that the process begins when both spouses hire attorneys trained in collaborative law and sign a participation agreement committing them to resolving issues through negotiation rather than litigation. This agreement includes a key provision: if the collaborative process fails, both attorneys must withdraw from the case. This requirement creates an incentive for everyone to work toward settlement, as starting over with new lawyers adds time and expense.
The collaborative divorce process in New York involves a series of joint meetings that include both spouses, their attorneys, and sometimes neutral professionals such as financial advisors or child specialists. Besinque emphasizes that transparency is required throughout the process. "Both parties must fully disclose all assets, debts, income, and expenses," he notes. "This full disclosure ensures that agreements are based on accurate information and reduces the risk of disputes later."
Attorney Besinque points out that collaborative divorce differs significantly from traditional litigation in both approach and execution. In traditional divorce litigation, each spouse hires an attorney who presents their case to a judge in court. The process is adversarial, with each side advocating for their client's interests. "A judge makes final decisions on contested issues such as property division, custody, and support," Besinque adds. "These decisions may not reflect what either spouse actually wants."
The collaborative approach gives couples direct control over the outcome. The firm handles cases involving property division, spousal support, child custody arrangements, child support, and debt allocation. Couples can craft creative solutions tailored to their specific circumstances, which a judge might not be able to order under standard legal frameworks.
Collaborative divorce often involves neutral professionals who provide specialized knowledge and support. Financial advisors help couples understand tax implications of different settlement options and create realistic budgets for post-divorce life. Child specialists focus on the needs of children during divorce and help parents develop parenting plans that serve the best interests of their children while maintaining stability.
"Collaborative divorce offers several advantages for couples in Manhattan and throughout New York," observes Besinque. "Couples have far more control than in traditional litigation, where a judge makes final rulings. The process encourages respect and open communication, which reduces adversarial tension and supports better mental health outcomes for everyone involved."
The process typically takes three to twelve months, depending on the complexity of the case. Unlike litigation, which is subject to court schedules and delays, collaborative divorce moves at the pace the parties choose. Couples who are motivated to settle and who can negotiate efficiently will complete the process faster.
Besinque notes that collaborative divorce is not suitable for every situation. If there is a history of domestic violence, the power imbalance between spouses can undermine the process. Substance dependency can create unpredictability that disrupts negotiations. "Collaborative divorce requires both parties to commit genuinely to the process and to compromise," he advises.
After the couple reaches a settlement agreement, the agreement must be submitted to the court for approval. A judge reviews the agreement to ensure it complies with New York law and protects the interests of any children involved. In many New York cases, no in-person court appearance is required, though some courts may schedule a brief hearing. The key distinction is that collaborative divorce avoids contested court hearings, motion practice, and trials.
For couples considering collaborative divorce in New York, consulting with an experienced family law attorney can provide clarity on whether this approach is appropriate for their situation.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque is a Manhattan-based law firm dedicated to divorce and family law. Led by attorney Ryan Besinque, the firm represents clients in divorce, custody, child support, and family offense cases throughout Manhattan, Brooklyn, the Bronx, Queens, and neighboring Westchester and Nassau counties. Mr. Besinque takes a collaborative and communicative approach when possible, working to reduce conflict and preserve relationships. For consultations, call (929) 251-4477.
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