MANHATTAN, NY - Couples in Manhattan considering divorce may benefit from a process that avoids the adversarial nature of traditional courtroom litigation. Manhattan collaborative divorce attorney Ryan Besinque of The Law Office of Ryan Besinque (https://www.besinquelaw.com/manhattan-collaborative-divorce-lawyer/) is providing guidance on how collaborative divorce allows spouses to resolve property division, custody, and support issues through structured negotiation rather than contested court proceedings.
According to Manhattan collaborative divorce attorney Ryan Besinque, the collaborative process begins when both spouses retain attorneys trained in collaborative law and sign a Participation Agreement that commits each party to transparency, good-faith negotiation, and keeping the case out of court. A key element of this agreement is the disqualification clause, which requires both attorneys to withdraw if either spouse decides to pursue litigation. "The disqualification clause creates a meaningful incentive for both parties to work toward a negotiated resolution rather than defaulting to adversarial proceedings," explains Besinque.
Manhattan collaborative divorce attorney Ryan Besinque notes that the process unfolds through a series of structured joint meetings where both spouses sit with their respective attorneys to address each issue in the case. Unlike mediation, where a single neutral facilitator guides discussion without offering legal advice, the collaborative model ensures each spouse has dedicated legal counsel advocating for a fair result within a cooperative framework.
Attorney Besinque emphasizes that collaborative divorce can address every issue that would otherwise be decided by a judge in a contested proceeding, including property division under New York's equitable distribution rules. Under Domestic Relations Law Section 236(B), marital property is divided fairly based on factors such as each spouse's income, the duration of the marriage, and contributions as both a wage earner and homemaker. "Working with a neutral financial professional allows couples to develop creative solutions for dividing complex assets like real estate holdings, business interests, and retirement accounts," he adds.
The collaborative process also allows parents to develop detailed parenting plans with the assistance of a child specialist. Under DRL Section 240, custody decisions in New York are governed by the best interests of the child standard. Collaborative negotiations can address scheduling, holiday arrangements, education decisions, and communication protocols in greater detail than a standard court order typically provides.
Besinque observes that spousal maintenance and child support can also be resolved collaboratively. New York provides guideline formulas for both temporary and post-divorce maintenance under DRL Section 236(B)(5-a) and Section 236(B)(6), but couples working through the collaborative process retain the flexibility to negotiate arrangements that account for their specific financial circumstances and family responsibilities.
"Collaborative divorce is best suited for couples who can communicate respectfully and are willing to commit to full financial transparency," advises Attorney Besinque. "Cases involving domestic violence, hidden assets, or significant power imbalances may require a different approach, and it is important to evaluate those factors honestly before committing to the process."
The collaborative model consistently offers practical advantages over traditional litigation, including enhanced privacy, faster resolution, and greater control over outcomes. Contested divorces in the New York Supreme Court can take a year or longer to resolve, while collaborative cases often conclude within three to nine months. For those considering divorce in Manhattan, consulting with a collaborative divorce attorney may help determine whether this structured approach is appropriate for their situation.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque is a Manhattan-based law firm focused on divorce and family law matters throughout New York City. Led by attorney Ryan Besinque, the firm handles collaborative divorce, mediation, and contested proceedings before the Manhattan Supreme Court and family courts across the five boroughs. For consultations, call (929) 251-4477.
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Phone: (929) 251-4477
Address:115 W 25th St 4th floor
City: New York 10001
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Website: https://www.besinquelaw.com/
