What is a Collaborative Divorce in New Jersey? 

General Article

Divorce is the legal way to end a marriage. In fact, it is the only way to end the marriage. Although there’s only one way to get a divorce in the state, New Jersey allows for a collaborative divorce. According to state law, a collaborative divorce allows for a more amicable divorce possible and at a lower cost than a traditional divorce. Both parties work together, with the help of a collaborative divorce attorney millburn nj, to resolve divorce issues. These issues include child custody, property division and spousal support. Once an agreement is reached, the agreement is sent to a divorce judge for final approval.

How a Collaborative Divorce Works

Both spouses and their collaborative attorneys meet to discuss their needs and concerns in an initial meeting. The couple and their attorneys have a series of sessions where they try to settle divorce issues without getting the court involved. Sometimes, the meetings involve a team of people. This “team” may include mental health professionals and financial experts. They are often asked to enter the sessions to offer assistance in resolving one or more divorce issues. The purpose to continue to foster a positive working relationship to reach an agreement.

Collaborative Divorce is not Mediation

To create a team approach in the divorce process creates more support and willingness to reach an agreement. This means each spouse must want to work together to reach an agreement. This team approach doesn’t occur in divorce mediation. In divorce mediation, a neutral third party facilitates the negotiations between the spouses. The purpose is to reach a decision on divorce disputes that occur between the divorcing spouses. Divorce mediation does not involve any advocates. This means the mediator can’t advocate on the behalf a spouse for more time with children or alimony. They also can’t propose any type of outcome if the divorce case goes to trial. The mediator’s sole purpose is to determine if they can resolve divorce issues, not get the couple to a divorce agreement.

A Collaborative Divorce isn’t Required

If a spouse wants to stop the collaborative divorce process, they can. If the spouses fail to reach an agreement, they can stop the collaborative divorce process. This means their lawyers withdraw from the case and each spouse is free to retain a divorce lawyer. Choosing not to continue with the process will increase the cost of getting a divorce.

Get Help with a Collaborative Divorce in New Jersey

A collaborative divorce will assist couples in ending their marriage by using a team of people to help them such as coaches and experts. It’s important that each spouse be willing to work together to resolve their divorce issues. A collaborative is a low-cost way to obtain a divorce in New Jersey. It is also a great way to keep the divorce proceedings private from noisy friends, relatives and neighbors. Meetings are private, not public. This means divorce documents aren’t public record. Contact a collaborative lawyer today about a divorce.