Blog

Collaborative Divorce in New Jersey, say what?

Generally speaking, 97% – 98% of all divorce cases settle. Judges often tell divorcing parties that it is not a matter of “if” a case will settle, it is a matter of “when”.  Some cases settle in days, some weeks and others may linger for years. There are many factors that affect the time in which a case will ultimately settle. The two biggest factors, though, are the litigants themselves and the attorneys they hire. It is more likely that a settlement will be reached if the parties are amicable. The case is more likely to settle when the attorneys are settlement-minded.

Divorce Mediation

For years, mediation has been an option for people going through a divorce. In mediation, the parties hire a Mediator to assist them in working out the details of their divorce. The Mediator facilitates the discussion and function as an intermediary between the parties. The Mediator works with the parties to reach resolution.  Once a resolution is reached, the Mediator prepares a Memorandum of Understanding confirming the terms of the settlement. The Memorandum of Understanding is not binding but once it is incorporated into a Marital Settlement Agreement and executed by the parties, it is a binding agreement.

Another approach divorcing spouses may want to consider is an efficient and effective approach.

Collaborative Divorce

It is a Collaborative approach to divorce. This approach is different in that both parties hire an attorney but the parties and the attorneys all agree in advance and in writing that they will work hard to settle their case.  And, if their case does not settle, the attorneys will not litigate the case and, in fact, will have to get out of the case. This provides an abundance of incentive for all involved to come to the table in good faith and in the spirit of compromise in an attempt to reach resolution because if a settlement is not reached, the clients need to hire new attorneys to proceed to litigation.

In more complex or emotional Collaborative Law cases, the attorneys can bring in experts as needed. For example, financial experts may need to become involved to assist in valuing assets or determining lifestyle or cash flow.  A divorce coach or a child specialist can  assist the parties on custody and parenting time issues. The Collaborative approach is more of a team approach wherein the goal is to have a civilized and amicable divorce. The Collaborative process usually takes three to six months and the fees will be significantly less than a litigated divorce case.  The process is confidential and occurs on the parties respective time frames.

The focal point in a Collaborative divorce is on the children. Children are the priority of all involved. Another main goal is to attempt to reach both parties’ goals and objectives of the divorce. A Collaborative divorce is another alternative to divorcing parties and provides a mechanism to divorce you spouse with dignity.

Please contact me at jlawrence@lawlawfirm.com if you have questions about this post or any other family law matter.

Back to Blog
SHARE THIS POST:

Related Posts

Blog
Jeralyn Lawrence Interview by Jessie Frees of WMTR 1250 AM Radio Station – Part V

Jessie Frees of WMTR 1250 AM Radio Station’s host of Ask The Expert interviewed Jeralyn Lawrence, a New Jersey Divorce and Family Lawyer.   This is Part V of a five part series of transcripts from the radio interview with Jeralyn. Ask The Expert Host Jessie Frees of WMTR 1250 AM Radio Station Interview with Divorce…

Read More
Blog
Coping with the aftermath of your divorce

How to Move on After a Divorce The Holmes-Rahe Stress Scale is a tool used by mental health professionals to gauge the difficulty of a life event, and divorce is second on the scale only to the death of a spouse. Divorce attorneys and other professionals warn that divorce is an extremely traumatic process for…

Read More
Blog
Jeralyn Lawrence Interview by Jessie Frees of WMTR 1250 AM Radio Station – Part IV

Jessie Frees of WMTR 1250 AM Radio Station’s host of Ask The Expert interviewed Jeralyn Lawrence, a New Jersey Divorce and Family Law Attorney.   This is Part IV of a five part series of transcripts from the radio interview with Jeralyn. Ask The Expert Host Jessie Frees of WMTR 1250 AM Radio Station Interview with…

Read More
Blog
Jeralyn Lawrence Interview by Jessie Frees of WMTR 1250 AM Radio Station – Part III

Jessie Frees of WMTR 1250 AM Radio Station’s host of Ask The Expert interviewed Jeralyn Lawrence.  This is Part III of a five part series of transcripts from the radio interview with Jeralyn. Ask The Expert Host Jessie Frees of WMTR 1250 AM Radio Station Interview with Divorce and Family Law Attorney Jeralyn Lawrence –…

Read More
Blog
Divorce Counseling: The Good and the Bad

The Good and Bad of Divorce Counseling Family court systems favor combining divorce mediation and divorce therapy as it can be an effective way to solve problems and reach agreements with minimal involvement from judges. According to recent industry surveys, most divorce attorneys, mental health professionals, and social workers who specialize in divorce agree with…

Read More
Blog
Jeralyn Lawrence Interview by Jessie Frees of WMTR 1250 AM Radio Station – Part II

Jessie Frees of WMTR 1250 AM Radio Station’s host of Ask The Expert interviewed Divorce and Family Lawyer Jeralyn Lawrence.  This is Part II of a five part series of transcripts from the radio interview with Jeralyn. Ask The Expert Host Jessie Frees of WMTR 1250 AM Radio Station Interview with Divorce and Family Law…

Read More

Disclaimer and information can be found here, including links to descriptions and selection methodologies. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.