An innovative process of alternative dispute resolution that is relatively new to the field of family law in New Jersey, collaborative divorce emphasizes the supreme importance of reaching a settlement without harsh and contentious litigation. This method of divorce also saves time and money by keeping the proceedings out of the court system.
In addition to its cost, length, and generally acrimonious atmosphere, traditional court litigation rarely results in satisfying, mutually beneficial outcomes. Collaborative divorce avoids many of these problems by putting the spouses in control rather than ceding this control to a bureaucratic network of lawyers, judges, and court-appointed experts.
What exactly is collaborative divorce and how does one start this process? Those who want to get up to speed on this new form of divorce can find all of these answers by perusing the three points below.
- The collaborative divorce basics
Collaborative divorce is a process in which each spouse retains a lawyer who agrees to assist their clients by employing cooperative techniques rather than resorting to adversarial strategies to resolve conflicts. All parties involved must be fully committed to achieving a negotiated outcome. In addition to agreeing that neither spouse will initiate litigation during the negotiations, both sides work with their lawyers to enter into an agreement by promoting each spouse’s needs, interests and goals.. When children are involved, the process promotes the children’s best interests while minimizing potential emotional damage to the children as a result of the divorce.
- Learn the essential elements of any collaborative divorce
Unlike participants in the divorce mediation process, who often retain no lawyers, individuals who pursue collaborative divorce are always represented by collaborative attorneys. However, both methods strive to remain flexible and informal.
Other key elements of collaborative divorce include:
- Full disclosure of all documents – No information is hidden. By placing everything on the table, both spouses will strive toward a fair deal without resorting to backstabbing.
- Sharing experts – Both spouses use additional professionals to resolve specific pertinent issues. These professionals can range from divorce coaches and child specialists to financial advisors and accountants.. Both parties agree to share the expense of hiring these professionals.
- A commitment to finding win-win solutions – Simply put, the end result of the collaborative divorce process is to avoid hard feelings and reach outcomes in which both spouses benefit.
- Getting the collaborative divorce process started.
Anyone interested in pursuing a collaborative divorce should first and foremost discuss the idea with his or her spouse. After both parties agree to participate in collaborative divorce, they must choose a lawyer who is trained in collaborative divorce.. Most of the collaborative divorce process takes place in group meetings between each spouse and his or her lawyer. The initial meeting with the collaborative divorce attorney typically involves the spouse freely sharing all his or her concerns and goals. The attorney will review all available options and ensure that the case is free of all barriers to the collaborative process. These potential barriers include issues of abuse, mental health problems, and general safety concerns. After deciding to move forward, the attorney and client will sign a collaborative divorce retainer and discuss the key issues to be resolved in the collaborative divorce process.
