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We Can Explain The Pros and Cons of The Collaborative Divorce Process

If you are considering a collaborative divorce in New Jersey, it’s important that you fully understand how the process works. A type of uncontested divorce, collaborative divorce can be a friendly and convenient way of getting a divorce in New Jersey. But there are unique characteristics to collaborative divorce that you should carefully consider before pursuing this option.

What Is A Collaborative Divorce?

A collaborative divorce is based on a mutual understanding and co-operation of the two parties involved in the case. In many cases, the couple filing for divorce works out many of the legal issues themselves, sometimes through the use of divorce mediation.

Another key aspect of collaborative divorce is that both sides agree not to litigate their divorce. Instead, legal issues that sometimes come up during divorce proceedings are resolved through a collaborative process based on trust and negotiating in good faith.

How Does The Collaborative Divorce Process Work In New Jersey?

When pronounced acceptable as the principle marriage breakdown, the divorce judgment takes effect in the relationship between spouses at the date of the order for non-conciliation. At the request of one of the spouses, the judge may set the effects of the judgment to the date on which they ceased to cohabit and collaborate.

The cessation of cohabitation is assumed termination of the collaboration. At the request of one or both spouses, the date of the divorce may become retroactive to that of the end of the coexistence and collaboration.

What Is The Goal Of Collaborative Divorce?

The main aim of a collaborative divorce process is to allow a clear and free flow of communication between the parties so that the divorce proceedings can be done in an amicable way. Both parties have the option to bring along their own divorce attorneys, consultants and professionals.

Several meetings are held during the collaborative divorce process to ensure a flow of communication between the parties involved in the presence of their consultants and professionals. The key goal is to achieve common consent that is in the best interests of both parties and their children (if any). The idea is to work together on a common faith basis to safeguard both spouses’ rights along with the rights of their children.

What Are The Advantages Of Collaborative Divorce?

There are several key reasons why many couples choose to pursue a collaborative divorce to resolve their legal issues. Some of the advantages of collaborative divorce include:

Discussions take place in private rather than in a public courtroom.
Couple has more control over decisions made during divorce.
Often costs less than a traditional divorce.
Less stressful and more cooperative than the traditional divorce process.

What If A Couple Cannot Resolve Issues Through Collaborative Divorce?

Sometimes, even with the best intentions, a couple cannot resolve all their issues during the collaborative divorce process. If this happens, either spouse can stop participating in the collaborative divorce negotiations.

When this happens, the divorce process then often moves to court, where a judge will decide many of the legal issues at stake between the couple. In addition, each spouse cannot use the same attorney they used during collaborative divorce negotiations. Instead, each spouse must hire a new divorce lawyer to represent them. This is why couples should carefully consider whether a collaborative divorce is right for them.

Speak with an Attorney in New Jersey About Collaborative Divorces

The Williams Law Group, LLC can advise you in cases related to collaborative divorce in New Jersey. We have extensive experience working on collaborative cases and can effectively represent you. Contact one of our experienced New Jersey collaborative divorce attorneys to schedule a confidential consultation. Contact us today.