Westchester, NY family law attorney Andrea B. Friedman talks about some of the different processes for obtaining a divorce. She notes that in New York State, there are several pathways to achieving a divorce, with the ultimate goal being a fair resolution. Parties may reach an agreement collaboratively, but if that is not possible, the matter may proceed to court.

Before litigation, alternative dispute resolution (ADR) is often considered. One common form of ADR is mediation, where both parties meet with a neutral mediator to facilitate discussion. She emphasizes that mediators cannot provide legal advice, so it is important for clients to consult with an attorney before, during, and after mediation to ensure they understand their legal rights and obligations.

Another option is collaborative law. In this process, each party retains separate legal counsel and may involve a professional team, such as a family specialist with psychological expertise or a financial specialist. The team works together to help the parties reach an agreement. A key component of collaborative law is a mutual commitment to avoid court; all participants sign a participation agreement and agree in good faith to resolve issues collaboratively. If the process fails, the professionals involved cannot represent the parties in court.

Litigation remains the final option. Even during litigation, lawyers often continue to negotiate potential resolutions, but if the parties cannot agree, the case proceeds through the court system to trial. Many cases do settle during litigation, but when no agreement is reached, the court determines the resolution of ancillary issues and ultimately grants the divorce.