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
The Advantages of Divorce Mediation

Reasons to Choose Divorce Mediation Over the Alternatives According to some sources, nearly half of all marriages in the U.S. end in divorce. Mediation results in a positive resolution in as many as 80% of all cases. Many divorce lawyers recommend mediation if possible because there are many advantages to this approach, including saving time…

Read More
Blog
Dealing With Taxes During Your Divorce

Planning for the Tax Aspects of a Divorce While divorce can be a challenging experience personally, emotionally and practically, the financial effects are some of the longest-lasting changes. Not only do you need to manage asset division and the resulting change to both parties’ finances, but you may also find it challenging to adjust to…

Read More
Blog
Is a Prenup or a Trust Better Advance Preparation for Divorce?

Prenup or a Trust? – Divorce-Proofing Your Assets When people in New Jersey decide to marry, they may not want to think about divorce. However, with more people marrying later in life, with established careers, as business owners or as parents of children from prior relationships, there are many good reasons to engage in financial…

Read More
Blog
Preparing for the Realities of Divorce

Meeting the Challenges of Divorce Dealing with an unhappy marriage can be painful and difficult. Whether there are severe conflicts or simply a growing apart over time, divorce is always challenging on personal, emotional and financial levels. While spouses in New Jersey know that divorce is a significant undertaking, it can be more difficult than…

Read More
Blog
How Can Divorce Affect Your Medical Practice?

How to Deal With Your Medical Practice in a Divorce New Jersey doctors going through a divorce may have particular concerns about how the end of the marriage will affect the future of their medical practice, especially as any private practice is typically a closely held business. Much like other business owners, physicians may worry…

Read More
Blog
What Documents Do You Need for Your Divorce Legal Consultation?

Documents to Give Your Divorce Attorney If you are considering a divorce in New Jersey, it is important to prepare the documents that you need to share with your family law attorney. While the decision to end a marriage may be deeply personal and emotional at its core, divorce is a legal and financial process…

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.
Call Now ButtonCall Us