Divorce FAQ’s
| Q. | What Is Collaborative Divorce? |
| A. | IT IS NOT MEDIATION! It is a process that allows you to resolve important divorce issues respectfully, while being represented by an attorney, and transforms how conflicts are resolved |
| Q. | What is the difference between a regular divorce and one using the Collaborative process? |
| A. | In New York only a court can dissolve your marriage. The process leading up to the trial and the trial itself (litigation), working out the issues of property settlement, custody and support are time consuming, complicated and expensive. In the Collaborative Process, instead of going to court, the two clients and their attorneys sit down in a series of highly structured conferences designed to help you resolve all the issues. This eliminates the need for subpoenas, affidavits, court appearances, trial conferences and trial schedules. The clients have the freedom to work at a pace that suits them and their budget. In litigation, each side takes a position and battles each other to the end, or until the money runs out. In Collaborative Law, the two clients AND their two attorneys work together (collaborate) to find the best resolution for that family, taking into account everyone’s need and concerns. All four participants sign a Participation Agreement agreeing to the ground rules of the process which are designed to create an atmosphere where such resolutions are not only possible, but highly probable. The attorneys agree that if this process does not work and the clients resort to litigation, these attorneys CANNOT represent these people in the litigation. For the first time, the attorney has a vested interest in helping you create a workable agreement. If he, or she, does not, then they lose a client! |
| Q. | Is the cost of a Collaborative divorce more expensive or less expensive than a regular divorce? |
| A. | Almost always less. Since most of your attorneys time in a Collaborative Divorce is spent in these four-way conferences, instead of waiting in court, or producing massive amounts of papers work in response to motion papers served by the other side, or sending correspondence back and forth between the attorneys and clients, the reduction in cost is substantial. The process is also designed to enhance communication and encourages you and your spouse to discuss you needs and concerns, allowing for fewer misunderstandings. |
| Q. | Who benefits the most in a Collaborative divorce? |
| A. | The family benefits the most. |
| Q. | Do all divorce attorneys practice the Collaborative Process approach to divorce? |
| A. | NO. Only Attorneys who have had special training in the Collaborative method should practice Collaborative Law. This training is provided by a variety of groups. An organization such as the International Academy of Collaborative Professionals (IACP) has stringent requirements for its professional members to help you pick an attorney with the appropriate credentials. I am a member of the IACP, as well as the New York Association of Collaborative Professionals (NYACP). My IACP professional profile sets forth all my training. |
| Q. | Is there any required training or education for an attorney to practice Collaborative divorce? |
| A. | Any attorney can hold themselves out as practicing Collaborative Divorce. There are currently no licensing standards or certifications for such a practice. It is best to work with an attorney who is a member of one of the professional collaborative groups (IACP or NYACP). They all require some level of basic training and continuing advanced training. Therefore it is recommended you choose an attorney who belongs to the IACP and has gone through additional training and education in the field of Collaborative divorce. |
| Q. | What is the average cost of Collaborative divorce? |
| A. | The exact cost for any divorce is determined by the level of cooperation between you and your husband or wife. However the cost of Collaborative Divorce will almost always be considerably less than a litigated divorce. |
| Q. | Can I set up an appointment to discuss the Collaborative process in person? |
| A. | Yes, you can. I offer a free personal consultation. What date and time would be best for you? |
| Q. | What are your office hours? |
| A. | My office hours are Monday – Friday 9:00 am – 6:00 pm, with occasional evenings and weekends by appointment only. |
| Q. | Where are you located? |
| A. | We are located at 151 South Main Street in New City, NY 10956, Suite 110. Our Phone number is (845) 658-4062. For directions you can click on the Direction button located on every page of this website or go to www.google.com/maps and click on directions or you can call us and one of our staff will provide them to you. |
| Q. | I do not have a lot of money, how do I pay you? |
| A. | I ask for a modest retainer deposit when we start, which is applied to my hourly rate and credited to your first bill. Thereafter monthly statements will be sent to you. You and your spouse can move the process along more slowly, if you need to save up the money to pay for each conference. Clients pay as they go. In an effort to make payment easier, I now accept all major credit cards. |
| Q. | I just recently heard about the Collaborative divorce. How many years has the Collaborative divorce process been around? |
| A. | The Collaborative Divorce Process was created in the mid-west in the 1990′s. It has taken time to reach New York. The first collaborative matrimonial attorneys began to receive their training in New York in about 2001, but it took several years before training became readily available in out state. Even though I received my initial Collaborative training in 2005, the public is still unfamiliar with this method and will frequently confuse it with Mediation. |
| Q. | Is there a National or Local organization where my spouse and I can get more information or do more research on the Collaborative divorce as well as find a listing of attorneys in our area that practice Collaborative divorce? |
| A. | Yes there is. You can contact the IACP – International Academy of Collaborative Professionals on their website at www.collaborativepractice.com; the New York Association of Collaborative Professionals on their website at www.collaborativelawny.com; or The Rockland Collaborative Law Network at www.collaborativelawrockland.com. All these websites enable you to review and locate qualified attorneys in your area, in addition to finding many other collaborative resources. |
| Q. | What are your qualifications in this relatively new field and how long have you practiced it? |
| A. | I began practicing matrimonial law in 1983. As far as my involvement in Collaborative divorce, I started my training for this process in 2005. I attend between 40-50 hours per year in additional advanced collaborative and matrimonial law training and education. New York State only requires 24 hours of professional training every TWO years. I am one of the founding members and am currently serving as the President of the Rockland Collaborative Law Network. |
| Q. | What if I want to use the Collaborative divorce process and my spouse does not? |
| A. | The Collaborative process requires the consent of both the husband and the wife, since everyone must sign a Participation Agreement. Collaborative Divorce CANNOT be used if either one of the parties objects. When I meet with prospective clients, I always give them a second set of materials explaining how the process works and encourage them to share this information with their spouse. Since you can always litigate if the process does not work for you, there is little to be lost in trying this approach first. |
| Q. | Is Leslye a man or a woman? |
| A. | Leslye M. Schlesinger is a woman. |
| Q. | Will my rights be protected if I choose to use the Collaborative Process instead of going to court? |
| A. | In the Collaborative Process, no issue is resolved until or unless you agree to it. It is my job to educate you on the law, your rights and your obligations. Your rights are protected since you never make a decision without knowing what they are. Any choices you make are informed choices. The Collaborative Attorneys are like guides on a canoe trip, with you and your spouse doing the paddeling. We offer suggestions and alternatives but ultimately YOU make the decision. You and your spouse are in control. |
| Q. | If it does not work can I still go to court? |
| A. | Yes. You can always stop the process. No information disclosed during the Collaborative negotiations can be used in court. The attorneys representing you and your spouse in the Collaborative cannot represent either of you in the litigation. |
| Q. | Why does the Collaborative Process work? |
| A. | Since an attorney is “conflicted out” (not able to represent you in litigation if the Collaborative Process does not work) I am committed to helping you and you spouse work out your differences. I will bring to bear all my talent, education, skills and experience to find innovative ways to meet your concerns and needs, helping you craft a resolution that fits YOU. Collaborative Attorneys recognize the day after you get your divorce, you and your spouse and children are still a FAMILY and will be for many years. You are a “re-constituted” or “re-formed” family, but still a family. We can find ways to make those years as compatible as possible. |
