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Treating divorce like a business transaction

For many couples in New York and elsewhere, the dissolution of marriage is, understandably, an emotionally challenging process. It can be difficult to get through a divorce without one's emotions running at an all time high. However, by taking emotion out of, if at all possible, and treating the process like a business transaction, achieving a fair and balanced settlement may come a little easier.

Divorce signals the official end of a relationship. However, the whole process of dissolution is really about dividing assets and liabilities. Those who are able to focus on what they want in their final settlements and are willing to negotiate when necessary can get through divorce proceedings faster, minimizing both financial and emotional costs.

There are a several ways to go through the divorce process, aside from litigation, which are: cooperative divorce, collaborative divorce and mediation. In a cooperative divorce, both parties, with the assistance of legal counsel, negotiate the terms of a settlement either via phone, in-person meetings or by sending written proposals. In a collaborative divorce, both parties agree to a set number of meetings with each other and their respective legal counsel. If a settlement cannot be reach, new counsel is to be hired and other divorce processes utilized. Finally, if mediation is used, both parties agree to sit with a mediator and talk out a divorce settlement -- which can be done with or without the assistance of legal counsel.

No matter which divorce process one uses to get to a final settlement, one's approach to the situation matters. Going to any meetings upset and emotionally unstable can hurt one's ability to get the settlement he or she really wants. Experienced family law attorneys can help New York residents who are going through the process of dissolving their marriages keep everything in perspective and focus on their end goals.

Source:, "Navigating divorce by using a business mindset", Mark Scott, Jan. 1, 2017

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