Westchester Divorce Lawyer – Arnold D. Cribari

Category: Affordable divorce

THINK MEDIATION OR COLLABORATIVE DIVORCE FIRST WHEN CONSIDERING A DIVORCE

There is some confusion about divorce process choices I want to clear up. Divorce mediation and collaborative divorce are the best options to consider for most divorcing couples. Mediation works great for couples who have an approximately equal balance of power in their relationship, and is the most economical of the divorce process choices.  In traditional divorce mediation, each spouse represents himself/herself in their negotiations that are facilitated by one neutral divorce mediator. Collaborative divorce is a form of mediation.  It is geared to more difficult cases where there is an unequal balance of power in the couple’s relationship.  Each spouse has his/her own collaboratively trained attorney, who can empower, advise and advocate for his/her client to correct any such power imbalances, and negotiate on an even playing field. In both mediation and collaborative divorce, it is important that each spouse asserts his/her needs and interests to the maximum extent, … Read More...

Collaborative Divorce Can Avert “Dirty Tricks”

Stu Webb, the attorney who invented Collaborative Divorce in 1990, made a critical point in an interview* he gave a few years ago: When the other side in a divorce litigation pulled “a dirty trick,” he often wondered whether the dirty trick came from the other lawyer or the other lawyer’s client. A divorce case can turn on a dirty trick. Unfortunately, issues as serious as long-term financial plans or even the custody of children can be determined by a dirty trick. The most malevolent dirty trick I ever experienced was in a child custody case many years ago. The case was going very well until the other spouse switched attorneys and hired a very high-priced divorce litigator. Shortly after the new attorney got involved, an accusation was made that the wife’s boyfriend sexually abused the parties’ 7-year old daughter. The husband ended up winning custody of the child. The … Read More...

Collaborative Divorce Empowers the Client

When I first suggest collaborative divorce to a prospective client, often their initial reaction is fear that suggesting a non-adversarial approach will make them look weak to their spouse. Although they would prefer to work things out reasonably, they are afraid that their spouse will see their reluctance to fight as an opportunity to take unfair advantage of them. This fear is understandable in our culture of “winners” and “losers.” Americans have been schooled in the Teddy Roosevelt philosophy of negotiation: “Speak softly, but carry a big stick.” Entering a divorce negotiation without a “big stick” – an aggressive lawyer – sounds like financial and emotional suicide. Yet, while some people may need an aggressive approach, they are the exception. Less than five per cent of all divorce cases go to trial; the rest settle out of court. So, in 95 per cent of divorce cases, a lawyer with excellent … Read More...

COLLABORATIVE DIVORCE: PERSUADE YOUR SPOUSE TO CONSIDER COLLABORATIVE

Let’s say you have decided to get a divorce and that the collaborative divorce process makes the most sense to you. For the collaborative process to work, both you and your spouse need to engage your own collaborative attorneys. So, what’s the best way to get your spouse to consider a collaborative divorce? Ideally, involve your spouse when you are exploring the options of litigation, mediation or collaborative. We all are much more likely to “buy in” to an idea if we feel that we discovered it. You can mention to your spouse that you have learned that collaborative divorce is cutting edge; when people in the know – like divorce lawyers, financial professionals, and therapists – are facing a divorce in their personal lives, they “go collaborative,” so they can get its benefits. Here are some of the benefits of a collaborative divorce: • It usually is less expensive … Read More...

An Affordable Divorce

As a divorce lawyer with a solo practice, I offer clients personalized service and reasonable fees. Maintaining an office with low overhead expenses translates into a lower hourly rate for my services. I particularly enjoy doing collaborative divorce and mediation. In those cases, I work in partnership with my clients to achieve a settlement that works for both divorcing spouses and their children. I like collaborative and mediation because those processes empower the client and enable us to work together to find creative, “outside the box” solutions. Collaborative and mediation are also much more economical for the client, since those processes eliminate the need for writing voluminous legal papers and spending monumental hours in court. When collaborative or mediation is not possible, and clients are doing a litigated (court-based) divorce, I sometimes team up with an attorney colleague, particularly if my client’s spouse has hired a large law firm. This … Read More...