info@therebornsolicitors.com
420 Lexington Avenue Suite 1321 POB 1060, New York, New York 10170

SINGLE SERVICEExpertise In All Aspects Of Divorce

Non-Court Dispute Resolution

Divorce and other family law disagreements can often be unnecessarily expensive and stressful if they reach the courtroom. Non-Court Dispute Resolution (Alternative Dispute Resolution or ADR) can reduce the time and cost for everyone and has other benefits such as increased privacy and the avoidance of protracted court proceedings.

Mediation

Mediation: Our skilled mediators facilitate constructive negotiations between parties in conflict, helping them identify common ground, explore options, and reach mutually acceptable agreements. Through mediation, we empower our clients to maintain control over the outcome of their disputes while preserving relationships and minimizing costs.

Collaborative Law

Collaborative law is a voluntary, non-adversarial approach to dispute resolution in which parties work together with their attorneys and other professionals to achieve mutually acceptable solutions. Unlike traditional litigation, which can be contentious and combative, collaborative law emphasizes cooperation, transparency, and open communication.

Our Collaborative Law Process:

1. Initial Consultation: The collaborative law process begins with an initial consultation, during which parties meet with their respective attorneys to discuss their goals, concerns, and priorities. This meeting lays the groundwork for the collaborative process and establishes a framework for cooperation.

2. Participation Agreement: Once both parties agree to pursue collaborative law, they sign a participation agreement, committing to work together in good faith to reach a resolution without resorting to litigation. This agreement also outlines the roles and responsibilities of each party and establishes guidelines for communication and decision-making.

3. Collaborative Meetings: Parties and their attorneys engage in a series of collaborative meetings, during which they discuss the issues at hand, exchange information, and explore potential solutions. These meetings are guided by principles of respect, honesty, and fairness, and may involve the participation of neutral professionals such as financial advisors or mental health experts, depending on the nature of the dispute.

4. Negotiation and Settlement: Through constructive dialogue and negotiation, parties work together to craft creative and customized solutions that address their needs and interests. With the guidance of their attorneys, they develop a mutually acceptable settlement agreement that reflects their shared goals and priorities.

5. Finalizing the Agreement: Once a settlement agreement is reached, it is formalized and executed, often with the assistance of the attorneys involved. The agreement is then submitted to the appropriate court for approval, finalizing the resolution of the dispute.

Benefits of Collaborative Law


• Empowerment: Collaborative law empowers parties to maintain control over the outcome of their dispute and actively participate in the decision-making process.
• Privacy: Collaborative law proceedings are private and confidential, allowing parties to protect sensitive information and preserve their privacy.
• Efficiency: Collaborative law is often faster and more cost-effective than traditional litigation, as it avoids the delays and expenses associated with court proceedings.
• Preservation of Relationships: By fostering cooperation and communication, collaborative law helps parties preserve their relationships and minimize the emotional toll of the dispute.
• Customization: Collaborative law allows parties to tailor solutions to meet their unique needs and interests, leading to more creative and sustainable outcomes.

Contact

MAIN OFFICE
420 Lexington Avenue Suite 1321 POB 1060 New York, New York 10170
E-MAIL
info@therebornsolicitors.com
TELEPHONE
+13472734039
WORKING HOURS
Mon-Fri: 8am – 5pm

Frequently Asked Questions

What to expect from the first meeting with your solicitor?

The first meeting with your solicitor, especially in the context of divorce or any legal matter, is crucial for establishing a foundation for your case and building a productive working relationship. Here’s what you can typically expect during this initial consultation:

  1. Introductions and Background Information: The meeting will likely start with introductions and some background information. You’ll have the opportunity to explain your situation, including the reasons for seeking legal assistance and any key details relevant to your case.
  2. Review of Documents: If you have any relevant documents, such as marriage certificates, prenuptial agreements, financial records, or correspondence related to your case, your solicitor will likely ask to review them during the meeting. These documents can help provide a clearer understanding of your circumstances and inform the solicitor’s advice.
  3. Discussion of Legal Issues: Your solicitor will discuss the legal issues involved in your case and explain relevant laws, procedures, and potential outcomes. They may ask questions to gather more information and ensure they have a comprehensive understanding of your situation.
  4. Assessment of Options: Based on the information you provide; your solicitor will assess your options and discuss possible courses of action. They’ll explain the pros and cons of each option, as well as the potential risks and benefits, to help you make informed decisions about how to proceed.
  5. Legal Advice: Your solicitor will provide legal advice tailored to your specific circumstances. They’ll explain your rights and obligations under the law, address any concerns or questions you may have, and offer guidance on the best approach to achieve your goals.
  6. Costs and Fees: Your solicitor will discuss the costs and fees associated with their services, including their hourly rate or fee structure, any retainer or upfront payments required, and an estimate of the total costs involved in handling your case. They’ll also explain how billing and payment arrangements work.
  7. Client-Solicitor Relationship: The first meeting is an opportunity for you to assess whether you feel comfortable working with the solicitor and whether you trust their expertise and judgment. Similarly, the solicitor will assess whether they’re able to effectively represent your interests and provide the assistance you need.
  8. Next Steps: At the end of the meeting, your solicitor will outline the next steps in the legal process and discuss the timeline for moving forward with your case. They may also provide you with additional information or resources to help you prepare for the next phase.

Overall, the first meeting with your solicitor is an important step in initiating your legal matter and laying the groundwork for a successful resolution. It’s an opportunity to discuss your concerns, explore your options, and gain clarity on the legal issues involved, ultimately setting the stage for a productive attorney-client relationship.

The divorce process: filing the paperwork and timescales

The divorce process can vary depending on the jurisdiction and the specific circumstances of the case, but here’s a general overview of the typical steps involved in filing for divorce and the associated timescales:

  1. Filing the Petition: The divorce process usually begins with one spouse (the petitioner) filing a petition for divorce with the appropriate court. The petition outlines the grounds for divorce (such as irreconcilable differences or adultery) and any requests for child custody, support, alimony, and division of assets. The filing spouse must also serve the other spouse (the respondent) with a copy of the petition, initiating the legal proceedings.
  2. Response from the Respondent: The respondent typically has a certain period of time (often around 20-30 days, depending on jurisdiction) to respond to the petition by filing an answer or a counter-petition. The response may address the grounds for divorce, contest any requests made by the petitioner, and assert any additional claims or defenses.
  3. Discovery Process: Both parties may engage in the discovery process, during which they exchange relevant information and documents related to the divorce, such as financial records, property deeds, and custody arrangements. Discovery can take several weeks or months, depending on the complexity of the case and the willingness of both parties to cooperate.
  4. Negotiation or Mediation: In many cases, spouses may attempt to negotiate a settlement agreement or participate in mediation to resolve issues such as property division, child custody, and support arrangements outside of court. This process can vary in duration depending on the complexity of the issues involved and the willingness of both parties to reach a mutually acceptable agreement.
  5. Court Hearings: If the parties are unable to reach a settlement through negotiation or mediation, the divorce case may proceed to trial, where a judge will hear evidence and arguments from both sides and make decisions on contested issues. The timing of court hearings can vary depending on the court’s schedule and the availability of the parties and their attorneys.
  6. Final Judgment: Once all issues have been resolved either through settlement or trial, the court will issue a final judgment of divorce, officially terminating the marriage. The final judgment will address all outstanding matters, such as property division, spousal support, child custody, and visitation rights. The timing of the final judgment can vary depending on the court’s workload and the complexity of the case, but it typically occurs several months to a year or more after the initial filing of the petition.

It’s important to note that the timescales mentioned above are general estimates and can vary significantly depending on factors such as the complexity of the case, the jurisdiction’s specific legal requirements, and the level of cooperation between the parties. Additionally, uncontested divorces where the parties agree on all issues tend to proceed more quickly than contested divorces where disputes must be resolved through litigation.

Making arrangements for children and family finances

Making arrangements for children and family finances is a critical aspect of the divorce process. Here’s a guide to help you navigate these arrangements:

  1. Child Custody and Visitation:
    • Legal Custody: This determines which parent has the right to make major decisions regarding the child’s upbringing, such as education, healthcare, and religion.
    • Physical Custody: This refers to where the child will live on a day-to-day basis.
    • Visitation (Parenting Time): This outlines the schedule for the non-custodial parent to spend time with the child.
    • Joint Custody: In some cases, parents may share both legal and physical custody, either equally or with one parent having primary custody and the other having visitation rights.
    • Sole Custody: One parent has primary physical custody and may also have sole legal custody, though the non-custodial parent may still have visitation rights.
  2. Child Support:
    • Calculation: Child support is typically determined based on state guidelines that consider factors such as each parent’s income, the child’s needs, and the custody arrangement.
    • Payment: The non-custodial parent usually pays child support to the custodial parent to help cover the child’s expenses, including food, clothing, housing, education, and healthcare.
    • Modification: Child support orders can be modified if there are significant changes in circumstances, such as a change in income or custody arrangements.
  3. Spousal Support (Alimony):
    • Calculation: Spousal support may be awarded to a spouse who requires financial assistance after the divorce, based on factors such as the length of the marriage, each spouse’s earning capacity, and the standard of living during the marriage.
    • Duration: The duration of spousal support payments can vary, ranging from temporary support during the divorce process to long-term support for a specified period or until certain conditions are met.
    • Modification: Like child support, spousal support orders can be modified based on changed circumstances, such as remarriage or a significant change in income.
  4. Division of Marital Assets and Debts:
    • Equitable Distribution: In most states, marital assets and debts are divided equitably, but not necessarily equally, taking into account factors such as each spouse’s contributions to the marriage, the length of the marriage, and each spouse’s financial needs.
    • Marital Property: This includes assets acquired during the marriage, such as homes, vehicles, bank accounts, retirement accounts, and investments.
    • Separate Property: Property owned by one spouse before the marriage or acquired through inheritance or gifts may be considered separate and not subject to division.
    • Debts: Marital debts, such as mortgages, credit card debt, and loans, are also divided between the spouses as part of the divorce settlement.
  5. Negotiation and Mediation:
    • Collaborative Process: Many couples prefer to negotiate arrangements for children and family finances outside of court through mediation or collaborative divorce, which can be less adversarial and more cost-effective than litigation.
    • Legal Assistance: It’s advisable for each spouse to seek independent legal advice to ensure their rights and interests are protected throughout the negotiation process.
  6. Court Approval: Once agreements are reached, they must be formalized and approved by the court as part of the divorce decree. This ensures that the arrangements are legally enforceable and binding on both parties.

Navigating arrangements for children and family finances can be complex and emotionally challenging, but with careful planning, open communication, and the assistance of experienced legal professionals, couples can work together to create arrangements that are in the best interests of everyone involved.

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