When Is Collaborative Divorce Most Effective?
Collaborative divorce may be an option if you and your spouse value personal integrity, good faith, transparency, honesty, and respectful communication.
In collaborative divorce, both parties will hire an attorney and meet with their spouse’s attorney in regular four-way meetings. A team of other professionals, such as financial and mental health experts, is often involved in a collaborative case.
It’s Right for You
Collaborative divorce is more efficient than traditional litigation because it allows the parties to decide how quickly or slowly they want to proceed. This flexibility also eliminates some of the most expensive parts of a divorce, like using formal requests to uncover hidden information (like subpoenas and depositions) that can run into thousands of dollars.
During collaborative divorce Red Bank NJ, the attorneys and other professional team members focus on the goals and interests of both spouses. They help you determine priorities and objectives, including alimony, property division, child custody, and visitation.
A critical factor in choosing a collaborative attorney is whether they have training and experience with this process. Additionally, a collaborative attorney must be willing to recruit other professionals like financial professionals and child specialists. In addition, collaborative attorneys must sign a contract that allows them to withdraw from the case if they start litigating in court. This requirement helps motivate spouses to reach settlements promptly.
It’s Right for Your Kids
If you and your spouse can cooperate and maintain open communication throughout the divorce process, a collaborative divorce may be a good fit for you. It is less expensive than traditional litigation and often provides faster settlements because the procedure avoids delays caused by court dockets.
It may also be less emotionally stressful for your children. Litigated divorces can expose children to prolonged emotional outbursts and resentment between their parents. The collaborative divorce process allows couples to work out custody and visitation arrangements that take their kids’ best interests into account and help them move on from the marriage with as few negative impacts as possible.
The process includes teams of supporting professionals, including a neutral financial specialist, a child specialist, and either a single or two allied divorce coaches, depending on the case’s circumstances. The team members help couples identify and address all conflict areas in the divorce. They facilitate productive communication between the couple and provide support and education to the parents.
It’s Right for Your Lawyer
In collaborative divorce, each spouse hires a lawyer with experience in this type of dispute resolution. Before you and your spouse meet with your respective attorneys alone, you’ll sign a contract that states that both of you agree to go to court only once you reach an agreement on all issues in your case. If you go to court, both lawyers must withdraw from representation.
The collaborative process also requires spouses to share information openly and without prejudice. This means avoiding formal requests for documents and depositions that could cost thousands of dollars in legal fees.
Depending on the situation, it may be better for high-profile couples to go through this type of divorce because it is typically more private and confidential than the traditional litigation route. Both parties must be committed to the process, though. Otherwise, getting through the negotiation sessions together will be challenging.
It’s Right for Your Parents
A collaborative divorce takes the needs of the entire family into account. Parents can create a co-parenting plan to support their children for years. It also helps couples develop a solid and positive relationship after divorce.
The collaborative process requires both parties to sign a contract that says they will not go to court to settle their case. It is often agreed upon that collaborative lawyers will withdraw from the case if it goes to trial. If the issue is lost, both attorneys will be disqualified from participating in any ensuing litigation.
A collaborative team consists of two lawyers and may include a child specialist, financial specialists, and mental health professionals as needed. The goal is to resolve all issues outside of court and avoid the time, stress, and expense of a trial. The collaborative process offers many benefits but is unsolvable for every couple.