Ending a marriage does not have to mean going to war in a courtroom. For couples in Manhattan who agree that cooperation is a better path forward, collaborative divorce offers a structured, private, and less adversarial way to resolve issues like property division and parenting plans without courtroom hearings, with the final paperwork typically submitted for court approval.
As a collaborative divorce lawyer in Manhattan, Ryan Besinque has represented clients in divorce, custody, support, and family offense cases throughout New York City. Ryan brings more than a decade of family law experience to every case. At The Law Office of Ryan Besinque, our New York family law attorney favors collaboration and communication first, while remaining ready to take a more aggressive stance when circumstances require it.
This guide explains what collaborative divorce is and how it differs from mediation and litigation, what the participation agreement requires, how property and custody issues are resolved outside of court, what the process costs are compared to traditional divorce, and when collaborative divorce may not be appropriate. You will also learn about New York’s equitable distribution rules and how they apply in a collaborative setting.
Call The Law Office of Ryan Besinque at (929) 251-4477 to schedule a free, confidential consultation.
A collaborative divorce is a voluntary process in which both spouses and their attorneys commit to resolving all divorce-related issues through negotiation rather than litigation. Each spouse retains a lawyer trained in collaborative practice, and both parties sign a Participation Agreement, a binding contract that establishes the ground rules for the process. This agreement includes a commitment to negotiate in good faith, share all relevant financial information voluntarily, and keep the case entirely out of court.
The foundation of the collaborative model is the disqualification clause within the Participation Agreement. This provision requires that both collaborative attorneys withdraw from the case if either spouse decides to pursue litigation. Because starting over with new lawyers adds significant time and expense, the disqualification clause creates a strong incentive for all parties to reach a negotiated settlement.
The collaborative process unfolds through a series of structured joint meetings, sometimes called “four-way sessions,” where both spouses sit with their respective attorneys to work through each issue. Additional professionals, such as financial advisors, child psychologists, or divorce coaches, may join these meetings to provide neutral guidance on complex financial or parenting questions.
Ryan Besinque can help you determine whether collaborative divorce is the right approach for your situation. Call (929) 251-4477 for a free consultation.
Couples considering alternatives to traditional court proceedings often confuse collaborative divorce with mediation. While both aim to keep disputes out of the courtroom, they work differently in practice.
In mediation, a single neutral mediator facilitates discussion between the spouses but cannot give legal advice or advocate for either side. The mediator helps the couple communicate, but has no authority to make decisions. In collaborative divorce, each spouse has their own attorney present during every negotiation session, providing legal counsel and advocating for a fair result within the cooperative framework.
| Feature | Collaborative Divorce | Mediation |
|---|---|---|
| Legal representation | Each spouse has their own attorney | No attorneys present (typically) |
| Neutral professionals | Financial advisors, child specialists as needed | Single neutral mediator |
| Binding commitment | Participation Agreement with disqualification clause | No formal agreement to avoid court |
| Legal advice during sessions | Attorneys advise during meetings | Mediator cannot give legal advice |
| Best for | Couples who want advocacy within a cooperative process | Couples who communicate well independently |
Traditional divorce litigation is a typically more adversarial process in which a judge makes final decisions about property division, spousal maintenance, and child custody. Cases are filed in the New York Supreme Court, where scheduling delays, discovery disputes, and court appearances can extend the timeline by months or even years. Collaborative divorce avoids most court procedures and hearings by resolving issues through structured negotiation, followed by required filing steps to finalize the divorce.
The Law Office of Ryan Besinque represents clients in collaborative, mediated, and contested divorce proceedings across New York City. Contact Ryan Besinque at (929) 251-4477 to discuss which approach fits your circumstances.
The collaborative process follows a structured sequence designed to move both spouses from information gathering through negotiation to a final, legally binding agreement.
The process begins when both spouses retain attorneys trained in collaborative law and sign the Participation Agreement. This document formalizes each party’s commitment to transparency, good-faith negotiation, and the disqualification clause. Under New York law, agreements in matrimonial actions must be in writing, subscribed, and acknowledged to be enforceable, as outlined in Domestic Relations Law Section 236(B)(3).
Beyond the two attorneys, the couple may bring in neutral professionals to address specific concerns:
Both spouses commit to full, voluntary disclosure of all financial information. New York divorce cases generally require full financial disclosure, often supported by sworn financial statements (such as a Statement of Net Worth), so both sides can negotiate and settle based on accurate information. In collaborative divorce, this disclosure happens without formal discovery procedures like subpoenas or depositions, which reduces both cost and conflict.
The team meets in a series of joint sessions to address property division, spousal maintenance, child custody and parenting time, child support, and any other outstanding issues. Each spouse sets the agenda with their attorney before each meeting. Sessions continue until all issues are resolved.
Once the couple reaches an agreement on every issue, the attorneys draft a comprehensive settlement agreement, sometimes called a Marital Settlement Agreement (MSA). This document is submitted to New York County Supreme Court at 60 Centre Street for judicial approval. The judge reviews the agreement to confirm it complies with New York law and is fair to both parties. Upon approval, the court issues a Judgment of Divorce.
Key Takeaway: The collaborative process moves through five stages: signing the Participation Agreement, assembling a professional team, exchanging financial information voluntarily, negotiating in joint sessions, and submitting the final agreement to the New York Supreme Court for approval.
Ryan Besinque founded The Law Office of Ryan Besinque with a focus on divorce and family law in New York City. He earned his Juris Doctor from the University of San Diego School of Law, graduating in the top third of his class with honors, and holds a Bachelor of Arts in Business Administration with a minor in Psychology from the University of Southern California. During law school, he served as President of Phi Delta Honors and received the CALI Award for Family Law and the Outstanding Service Award from the Legal Aid Society of San Diego.
Ryan takes a communicative, client-centered approach to every case, connecting clients with child specialists, mental health professionals, and financial advisors when needed to provide thorough representation. In addition to his private practice, he provides legal services to individuals through the Manhattan Assigned Counsel Panel.
Collaborative divorce in Manhattan can address every issue that would otherwise be decided by a judge in a contested proceeding. The structured negotiation format often produces more creative and tailored solutions than a court could impose.
New York is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. Under DRL Section 236(B), the court considers factors including each spouse’s income and property at the time of marriage and at divorce, the duration of the marriage, and the contributions of each spouse as a wage earner and homemaker.
In a collaborative setting, couples work with a neutral financial professional to identify, value, and divide marital assets themselves rather than leaving these decisions to a judge. This is particularly valuable for Manhattan couples with complex financial portfolios, real estate holdings, business interests, or stock options.
New York courts make custody decisions based on the best interests of the child, as established in DRL Section 240. Collaborative divorce allows parents to develop detailed parenting plans with the help of a child specialist. These plans can address schedules, holidays, education decisions, medical care, and communication protocols in far more detail than a standard court order.
New York provides guideline formulas for temporary maintenance (DRL § 236(B)(5-a)) and post-divorce maintenance (DRL § 236(B)(6)). In collaborative divorce, couples can negotiate maintenance arrangements that account for their specific financial circumstances, career trajectories, and family responsibilities rather than relying solely on the statutory formula.
Key Takeaway: Collaborative divorce can resolve property division, child custody, spousal maintenance, child support, and debt allocation. New York’s equitable distribution framework under DRL Section 236(B) guides these negotiations, but couples retain more control over the outcome than they would in court.
Ryan Besinque of The Law Office of Ryan Besinque has handled divorce cases involving complex property division and custody disputes throughout Manhattan. Call (929) 251-4477 to discuss your case.
Collaborative divorce works best for couples who can communicate respectfully and are willing to negotiate in good faith. It is not the right choice for every situation, and understanding the criteria for a successful collaboration can help you make an informed decision.
The New York State Collaborative Family Law Center notes that collaborative family law is not appropriate if you cannot locate your spouse or in cases involving domestic violence. Additional circumstances that may make collaborative divorce unworkable include:
If the collaborative process breaks down, the Participation Agreement requires both attorneys to withdraw. The couple must then retain new lawyers and begin a traditional divorce proceeding, which adds time and expense. This consequence underscores the importance of honestly evaluating whether collaboration is realistic before committing to the process.
Key Takeaway: Collaborative divorce is best suited for couples who can communicate respectfully and commit to full financial transparency. Cases involving domestic violence, hidden assets, or significant power imbalances are generally not appropriate for the collaborative process.
Couples who complete the collaborative process in New York City consistently report several advantages over traditional litigation.
Ryan Besinque takes a collaborative and communicative approach to family law cases throughout New York City. Call (929) 251-4477 to learn whether collaborative divorce could benefit your family.
Selecting the right attorney is one of the most important decisions in the collaborative process. Not every family law attorney is trained in collaborative practice, and the skills required differ from those used in traditional litigation.
Ryan Besinque represents clients in collaborative divorce cases throughout Manhattan and the surrounding boroughs. His practice emphasizes a communicative, client-centered approach while maintaining the ability to pursue more aggressive strategies when needed.
Contact The Law Office of Ryan Besinque at (929) 251-4477 to schedule a consultation and learn whether collaborative divorce is the right path for you.
Going through a divorce is one of the most significant transitions you will face, and the process you choose can shape your financial future and your family relationships for years to come.
Ryan Besinque has spent more than a decade representing clients in divorce and family law matters throughout New York City. He handles collaborative divorce, mediation, and contested proceedings before the Manhattan Supreme Court and family courts across the five boroughs.
Call The Law Office of Ryan Besinque at (929) 251-4477 for a free, confidential consultation.
Yes. Collaborative divorce is well-suited for high-asset cases because it allows couples to work with neutral financial professionals to value and divide complex assets, including Manhattan real estate, business interests, stock options, and retirement accounts. Under DRL Section 236(B), all marital property is subject to equitable distribution regardless of how the title is held.
Full financial transparency is a core requirement of the Participation Agreement. If one spouse refuses to disclose assets or is discovered hiding information, the collaborative attorney for that spouse is obligated to withdraw from the case. The collaborative process would then terminate, and both parties would need to retain new attorneys for traditional litigation.
Most collaborative divorces conclude within three to nine months, depending on the complexity of the issues and how quickly the couple reaches an agreement. This is typically faster than contested litigation in the New York Supreme Court, where cases can take a year or more.
Yes. Once both spouses sign the settlement agreement and it is approved by a New York Supreme Court judge, it becomes part of the Judgment of Divorce and is legally enforceable. The agreement carries the same legal weight as any court order.
Either spouse can terminate the collaborative process at any time. However, the disqualification clause in the Participation Agreement means both collaborative attorneys must withdraw. You and your spouse would each need to hire new lawyers to proceed with litigation, which adds time and cost.
Yes. Collaborative divorce is entirely voluntary. Both spouses must agree to participate, sign the Participation Agreement, and commit to resolving all issues through negotiation. If one spouse prefers to litigate, the collaborative process cannot proceed.