Collaborative Divorce

In a collaborative divorce, the parties commit to settle their case. To show that commitment, they sign a contract called a Participation Agreement that signifies the commencement of a collaborative divorce.  As the case progresses and issues arise, other professionals such as custody and financial experts, are brought in to help resolve the case issue-by-issue.  Two of our attorneys, Jeralyn Lawrence and Rita Aquilio are members of the New Jersey Council of Collaborative Practice Groups. The collaborative approach mitigates fighting and the strain of litigation, while promoting respect and keeps the spouses in control of the divorce process.

Frequently Asked New Jersey Collaborative Divorce Questions

What is a collaborative divorce?

It is an approach to divorce by using a “team” approach to identify and address the issues to be resolved. The “team” consists of the parties, their collaboratively trained attorneys and other professionals or experts.

How does the process work?

The parties and their attorneys sign a Participation Agreement, which is a contract and states that they will use their best efforts to resolve the matter without court intervention. The attorneys will represent the parties during the collaborative process, during negotiations, in order to reach a settlement. The attorneys agree to withdraw from the case if either spouse decides to file any pleadings other than those needed to obtain an uncontested divorce.

What are benefits of collaborative divorce?

The benefits for the parties include being cost-effective, open and transparent exchange of financial documents, and having a team approach, rather than a one-sided, emotionally draining dynamic. It is also confidential and not open to the public so the parties can protect and ensure their privacy. The meetings also occur at an attorney’s office instead of at the courthouse and occur at a time convenient to all individuals.

Does an attorney need special training to handle a collaborative divorce?

An attorney must complete sixteen (16) hours of collaborative training, have mediation training (which is forty hours), as well as an annual refresher requirement of four hours.

Besides lawyers, are other professionals part of the collaborative divorce process?

Yes, while each situation is different, teams can be comprised of a financial professional, a divorce coach, and/or a child specialist. Other professionals may include appraisers, mortgage brokers or other vocational experts.

Does a Collaborative Divorce cost less than a traditional divorce or mediation?

It generally costs less than litigation. Litigation is an adversarial process that requires extensive time and resources, both of the parties and the attorneys representing them. In contract, the collaborative process is one which is confidential and promotes the parties working together in hopes of efficiently and expeditiously resolving all issues amicably between them.

How is Collaborative Divorce Process better for our children?

By its very nature, it is a less adversarial process which promotes the parties’ working together. This not only transcends the parties resolving issues relative to the divorce proceedings but encourages that they work together to promote the best interests of the minor children involved. The entire philosophy of the collaborative approach is to keep the children at the forefront of the divorce but not in the middle.

Blog
Why Collaborative Divorce May Be Right for You

How Collaborative Divorce Works and Why You Should Consider It Statistics have revealed that approximately 90% of collaborative divorces end with a positive resolution. The process works, and estranged spouses should give full consideration to this as an option in their divorce. Here is what happens in a collaborative divorce and how it can lead…

Read More
Blog
The Division of Retirement Assets in a New Jersey Divorce

How Retirement Accounts Are Divided in a Divorce By the time that many people reach the age of 55, they have a retirement account with a balance of more than $100,000. Some retirement accounts may be far larger. This can present complicated issues during the divorce process as assets must be equitably divided between the…

Read More
News
Jeralyn Lawrence Installed as President of the New Jersey Chapter of AAML

Date: June 11, 2021 Watchung, New Jersey FOR IMMEDIATE RELEASE Jeralyn Lawrence Installed as President of the New Jersey Chapter of AAML Contact: Lawrence Law 776 Mountain Boulevard Watchung, New Jersey 07069 Telephone: 908-645-1000 Firm Website: www.lawlawfirm.com New Jersey– Jeralyn Lawrence, founder and Managing Partner of the New Jersey divorce and family law firm, Lawrence…

Read More
News
Jeralyn Lawrence Becomes President-Elect of the New Jersey State Bar Association

  Date: May 20, 2021 Watchung, New Jersey FOR IMMEDIATE RELEASE Jeralyn Lawrence Becomes President-Elect of the New Jersey State Bar Association Contact: Lawrence Law 776 Mountain Boulevard Watchung, New Jersey 07069 Telephone: (908)645-1000 Firm Website: www.lawlawfirm.com New Jersey – Jeralyn Lawrence, Esq. of Watchung, New Jersey, was installed as the President-Elect of the New…

Read More
Blog
Why Couples Negotiate a Postnuptial Agreement

How a Postnuptial Agreement Could Protect You The vast majority of postnuptial agreements have clauses that address property division in the event of a subsequent divorce. These agreements are a vital tool to protect both spouses, and they are beginning to grow in popularity. Here are some ways that a postnuptial agreement could protect both…

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