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What Is A Collaborative Divorce?

July 30, 2016 8:08 PM | Tracy Gibson (Administrator)

Collaborative divorce is an alternative form of dispute resolution, designed to foster the resolution of divorce and family law related issues respectfully and equitably, without court intervention. Like mediation and arbitration, it takes place outside of the purview of the court system, with the goal of reaching a fair settlement, but without the pressure and uncertainties which accompany litigation.

Collaborative practice is different from other approaches to divorce in that it promotes respect and enables spouses to be in control of the divorce process. The goal is to address each couple’s unique concerns, and advance each party’s interest without reference to the often arbitrary; one size fits all, resolutions available through the Superior Court.

With a collaborative approach, each party selects an attorney of their own choosing, and commits to working outside of the court system to develop a settlement in the matter. Because the clients agree not to go to court, the process itself can be more open and less adversarial. The lawyers are used in a much for focused way in their capacity as problem solvers and knowledgeable divorce professionals. The goal is to enhance communication throughout the process and lay the groundwork for a healthier post-divorce relationship between the parties.

Unlike litigation, a collaborative divorce gives the parties control of when, where, how often and how long they need to meet for each negotiation session. In addition, the collaborative divorce professionals are always looking for a way to advance both parties’ interests in a mutually beneficial way. The win-lose mentality of litigating in Court is dispensed with, in favor of a collaborative team working with each other, not against each other, to craft a mutual beneficial solution. Often, the first step of the process is to create a framework for effective communication, to enable the building of a fair settlement framework, and the trust for both parties to commit to it.

At the JSCLG, depending upon the complexity of your case, our collaborative professionals can put together a team of experts to address unique issues and specialized concerns. Our members include not only attorneys, but mental health professionals, child specialists, divorce coaches, accountants, mortgage bankers, financial planners and other financial professionals. If the issues in your case warrant it, and you desire the assistance, our group can serve as a strong source of reliable, expert information to assist you and your spouse in making divorce decisions for yourselves and your children.

What Are The Benefits?

Can give children a voice in the separation process

Helps keep assets and personal problems private

Aims at improving communication between parties

Each party selects an attorney of their own choosing

Keeps control of the process in the hands of the parties alleviating the potential of future trauma that sometimes persists for generations

Is It For Me?

Collaborative practice is designed to be civilized, sophisticated, creative and respectful. It is for parties wishing to find a solution to their separation rather than assign blame. It is for parents who need and desire to find a way to co-parent their children despite their separation, and minimize the negative impact of divorce on their children. It is for people who prefer to be in control of their divorce outcome, rather than letting a judge decide. It is for people who place value on a working post-divorce relationship with their spouse, and value quality of life over quantity of resources. Lastly, it is for those who value privacy; couples in collaborative divorce are spared the airing of their dirty laundry in open court for all to see.

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Legal Notice: The information provided on this website is provided for educational purposes. It is not to be considered legal advice, and nothing in this website shall be deemed to create the attorney-client relationship between the user and any member of the Jersey Shore Collaborative Law Group. No action should be taken based upon the information learned from this website without a personal consultation with an attorney. Before making your choice of attorney, you should give this matter careful thought. The selection of an attorney is an important decision. The attorney's on this site work independently of each other, and their affiliation herein extends only to the promotion of Collaborative Law and the education of the public regarding its use in family court matters.

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