A collaborative divorce is a process that helps you resolve your divorce without litigation. The parties who choose this option agree not to prosecute during the process. Moreover, all attorneys and other professionals will withdraw if they find that litigation is necessary. Consequently, any work product created through the collaborative process cannot be used in subsequent litigation. For that reason, you should know about collaborative divorce before choosing it. Here are some benefits of collaborative divorce.
Collaboration
In collaborative divorce, the attorneys and parties work together to agree. Instead of engaging in adversarial litigation, communication plays a significant role. The collaborative process begins with a pledge signed by both parties. This document outlines the principles and guidelines of the process. The document typically consists of ten sections. Finally, the goals of both parties and the future of their families are addressed. For this reason, many couples opt for collaborative divorce over traditional litigation.
During the first meeting, both parties and their attorneys will sign an agreement stating that neither will represent their clients in court. The collaborative divorce NJ process can then proceed to the final settlement. The attorneys will likely bring in neutral experts to help with settlement negotiations. After the first meeting, both parties and their lawyers will have a good idea of when the divorce will likely occur. If the divorce is not completed by then, the attorneys will need to hire new lawyers.
Mediation
Compared to traditional litigation, the process of mediation in a collaborative divorce is less costly. Collaborative divorce involves both parties and attorneys trained in collaborative divorce. The attorneys guide the parties through negotiating an agreement in a civil atmosphere. Collaborative divorce is also more peaceful than a traditional divorce, with minimal red tape and litigation costs. In addition, the process is less publicized than conventional litigation. Therefore, it is more attractive for couples who want a divorce without the hassle of a large legal bill.
The collaborative divorce process is not for every couple. Depending on the specific circumstances, both couples may not engage the services of other professionals. Counselors and therapists may be hired to provide emotional and financial support to the divorcing couple. Attorneys are still necessary, but they represent both parties. All professionals involved in the process must be trained in collaborative divorce. Although the process involves several professionals, it will still cost the client approximately $7,000 to $10,000.
Limited-purpose retention
The Supreme Court’s docketing order places pressure on family courts to dispose of cases quickly. Practitioners of earlier generations may recall that attorneys would wait to start a case until it was “ready.” The collaborative law statute reverses this trend, giving parties more control of the divorce process. Parties can decide when to move and sell their home and experiment with different periods of possession. Ultimately, collaborative divorce results in more equitable distribution of marital property.
Because the process involves the participation of both parties, there is no need for formal discovery. Instead, collaborative lawyers require the parties to give their spouses the necessary information, such as financial information from a 401k account. This eliminates the need for divorce discovery, which relies on the spouse’s word. This is a significant advantage in many cases. Moreover, it’s much easier to resolve the conflict collaboratively.
Costs
Although it’s common to hear about the costs associated with collaborative divorce, the truth is that the process is much cheaper than most people would expect. When everything goes as smoothly as possible, the cost of collaborative divorce can be less than other forms of divorce. Here’s why. In some situations, a collaborative divorce can save thousands of dollars. In addition, because collaborative professionals can help couples communicate better, regulate their emotions, and foster empathy and concern for their families, the cost of collaborative divorce can be considerably less than traditional divorce methods.
Couples should be aware that collaborative divorce typically involves multiple meetings. Usually, the first meeting will focus on the initial process of finding the best solution for the couple. During the first meeting, the spouses will outline the goals of the collaborative divorce and agree on an agenda for the next meeting. They will also discuss their financial information. Generally, collaborative divorce attorneys will not charge for their first meeting. However, you will likely have to pay more for subsequent sessions.
Benefits
One of the benefits of collaborative divorce is that it is less traumatic. Both parties hire attorneys and collaborate with financial and mental health professionals to decide the best course of action. The collaborative process is especially beneficial for families with children, which will be happier when parents work together to create a positive environment for their children. The process also fosters better communication and a stronger bond between the two sides. In many ways, it is a better option for couples than a traditional divorce.
When couples decide to pursue a collaborative divorce, they agree to sign a pledge that details the guidelines and principles of the process. The pledge generally has ten sections outlined by both parties. It also outlines their goals for the future of the parties and their families. As a result, the process is less likely to result in a final adversarial decision and can often help the divorcing couple move on with their lives. Moreover, it can lead to a more amicable co-parenting relationship for children, which can help the divorce process go more smoothly.
