Collaborative Divorce is a process that allows you and your spouse to resolve your Divorce without going to court. It also helps reduce stress on children and the family.
The team that works on a collaborative case consists of the two spouses and their attorneys. Other professionals, such as financial neutrals and mental health experts, may be involved, depending on the specifics of your case.
Communication
A divorce can be a difficult time for both parties. Whether you’re going through the process or are supporting your spouse, it’s important to communicate in a productive way that will help you move forward and avoid unnecessary stress.
Collaborative attorneys are specially trained to assist couples in reaching agreements outside of the court system. They work with a team of professionals, including financial specialists, child specialists and communication coaches.
All professionals involved in a collaborative case must agree to participate and are not allowed to represent clients in any other capacity (such as in litigation). This ensures that both parties have their representation throughout the entire process. In addition, discovery tools such as subpoenas are not used. This can also save you time and money.
Decision-Making
In a collaborative divorce Red Bank, NJ, you both get the support and guidance of your attorney at every step. While this can add to your costs, it also ensures your interests are zealously represented.
Like mediation, collaborative divorce is a non-adversarial process that focuses on your real-life interests and the issues you face. It is a holistic approach to legal and financial issues that can include property valuation, child custody and parenting plans, alimony, and prenuptial agreements.
Collaborative divorce involves a team of professionals, including child custody specialists and financial experts, who are neutral to avoid bias. These experts will help you understand complex issues to make sound decisions. This can save you money in the long run as it reduces the need for litigation-related expert fees.
Time
People often wonder if collaborative divorce is quicker or faster than traditional litigation. It’s important to remember that collaboration is not a shortcut but a process that may save you time and money because it avoids the need for extensive formal discovery, lengthy court proceedings, or a trial.
Both parties and their attorneys meet with one another in four-way meetings to discuss their cases and reach agreements. The team also includes neutral financial professionals and mental health experts who work as divorce coaches or child specialists.
While there is a commitment to the collaborative process, there is an agreement that the lawyers cannot continue with the case if it goes to trial. This is a powerful motivator for both parties to stick with the process and work toward resolution.
Money
Most divorces have a great deal of conflict around money. This is especially true when there are large assets involved. The collaborative process involves financially neutral training to help couples work through their financial disclosures and determine the best way to resolve their case without going to court.
The financial neutral also helps spouses communicate their individual and shared financial interests, including those that will continue after Divorce. This can reduce the stress of the process and allow the parties to come to an equitable settlement.
Ultimately, the key to collaborative divorce is communication. In the absence of court intervention, this can be not easy. For some, litigation is a necessary and reasonable option, especially in cases of intimate partner violence or if one party cannot be coached in effective communication and emotional regulation.
Children
Divorce is a difficult time for anyone involved, but it can be especially hard on children. When parents fight openly in divorce proceedings, it can cause developmental damage that carries on well into post-divorce life.
Collaborative divorce eliminates the need to litigate, keeping children out of court and away from hostility between their parents. This reduces the negative impact of divorce on kids, helping them to cope with this traumatic event in a healthier way.
A collaborative divorce team includes the spouses and their respective attorneys, a neutral financial specialist and a child specialist if necessary. This allows couples to create a parenting plan that puts their children first. The plan also helps them decide decision-making responsibilities and establish a schedule for shared custody.
