NEW YORK, NY - Couples seeking alternatives to traditional divorce litigation in New York have several options for resolving their cases outside of court. Manhattan divorce attorney Richard Roman Shum of the Law Office of Richard Roman Shum, Esq. (https://www.romanshum.com/blog/what-is-a-collaborative-divorce/) explains how collaborative divorce allows spouses to work together with specially trained attorneys to negotiate solutions privately while maintaining greater control over outcomes.
According to Manhattan divorce attorney Richard Roman Shum, collaborative divorce is a legal process where both spouses and their attorneys agree to negotiate a settlement outside of court. Under New York Domestic Relations Law ยง 170, divorce requires legal grounds and resolution of all financial and custody issues, which the collaborative process addresses through cooperative negotiation rather than adversarial litigation.
Manhattan divorce attorney Richard Roman Shum notes that each spouse hires an attorney trained in collaborative law, and both parties sign a participation agreement committing to resolve all issues through negotiation. This agreement includes a disqualification clause requiring both collaborative attorneys to withdraw if either party decides to litigate, creating a strong incentive for all participants to reach a negotiated settlement.
"The collaborative process typically involves a series of joint meetings with both spouses and their attorneys present," explains Shum. "Other professionals, such as financial advisors, child specialists, or mental health counselors, may join these meetings when needed to reach comprehensive agreements on property division, spousal support, child custody, and all other divorce-related matters."
The collaborative divorce process in Manhattan begins when both spouses agree to this approach and each retains an attorney trained in collaborative law. Attorney Shum emphasizes that these attorneys often belong to the New York Association of Collaborative Professionals, which provides training and maintains practice standards. After signing the participation agreement, both parties engage in full financial disclosure, as New York law requires complete transparency about assets, income, debts, and expenses in any divorce proceeding.
Negotiations occur through a series of joint meetings structured around specific issues. These sessions may involve only the spouses and their attorneys, or they may include neutral professionals brought in to address particular concerns. Once all issues are resolved, the attorneys draft a settlement agreement reflecting the negotiated terms, which is then submitted to the Manhattan Supreme Court at 60 Centre Street for judicial approval.
Shum points out that collaborative divorce offers several advantages over traditional divorce litigation, particularly for couples who can communicate respectfully and prioritize their family's well-being. Unlike traditional divorce proceedings that become part of the public record at Manhattan Supreme Court, collaborative divorce negotiations remain private with only the final settlement agreement filed publicly.
"This confidentiality protects sensitive financial information, business details, and personal matters from public exposure," notes Shum. "For professionals, business owners, or public figures, this privacy carries particular value and prevents the disclosure of trade secrets, business valuations, and personal conflicts that could damage professional reputations or business relationships."
The divorce attorney adds that collaborative divorce typically costs less than contested divorce litigation because it eliminates trial preparation, extensive discovery, and multiple court appearances. The collaborative approach also saves time, which directly reduces attorney fees, though the actual timeline depends on how quickly the spouses exchange information and reach an agreement.
However, Shum emphasizes that collaborative divorce requires specific conditions to succeed, and certain situations make this approach inappropriate. Domestic violence of any kind immediately disqualifies collaborative divorce, as the process assumes both parties can negotiate safely and equally. Hidden assets, financial dishonesty, substance abuse, significant power imbalances, or untreated mental illness also make collaborative divorce unworkable.
"If either spouse decides they want to litigate rather than continue negotiating, the participation agreement requires both collaborative attorneys to withdraw from the case," advises Shum. "Both spouses must then hire new attorneys who can represent them in court, which means that all the time and money invested in the collaborative process essentially disappear when litigation begins."
For couples considering collaborative divorce in Manhattan, Shum recommends starting with the New York Association of Collaborative Professionals website, which maintains a directory of trained collaborative attorneys. Collaborative attorneys receive extensive training beyond their law degree in negotiation, conflict resolution, and interest-based problem-solving. When evaluating attorneys, individuals should ask about their specific collaborative law training, how many collaborative cases they have handled, and what percentage reached settlement without litigation.
About Law Office of Richard Roman Shum, Esq.:
Law Office of Richard Roman Shum, Esq. is a Manhattan-based law firm dedicated to divorce and family law matters. Led by attorney Richard Roman Shum, a lifelong New Yorker and proud resident of Manhattan's Lower East Side, the firm helps clients throughout Manhattan and the surrounding boroughs navigate divorce proceedings efficiently while protecting their rights and long-term interests. For consultations, call (646) 259-3416.
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