Collaborative Divorce FAQ
The New Jersey Family Collaborative Law Act was passed in 2014 to help families resolve difficulties in safer and more respectful ways. The collaborative process allows for the free disclosure of information and allows each party to benefit from assistance from coaches and other trained professionals. It has proven to be an effective legal tool that South Jersey Divorce Solutions has used to help many clients.
Many people across the state are still unaware of collaborative divorce, so we know you have questions. Review these frequently asked questions about collaborative divorce in New Jersey, and then contact us to schedule a consultation and receive detailed answers about your situation.
What Is Collaborative Divorce?
In a collaborative divorce, both spouses have their own legal representation to help them resolve their issues outside of the court system. Through calm and thoughtful negotiations guided by their attorneys, the couple can pursue a divorce without causing irreparable harm to their family.
The three basic principles of collaborative practice are:
- A pledge not to go to court
- An honest exchange of all information
- A resolution that is beneficial to the parties and their children
Is Collaborative Divorce the Same as Divorce Mediation?
While they may share some similarities, there are significant differences. In a collaborative divorce, both parties each have a specific attorney trained and certified in collaborative divorce to help them reach mutually agreeable solutions. Each spouse’s attorney is committed to advocating for their client’s best interests. During divorce mediation, a neutral third party works with both spouses to facilitate reaching cooperative agreements.
Do I Need a Specifically Trained Collaborative Divorce Attorney?
Yes. Melissa Fecak, Esq., is an experienced collaborative divorce attorney who has practiced family law in New Jersey since 2000. She is the past President of the New Jersey Council of Collaborative Practice Groups and past president of both the South Jersey Collaborative Divorce Professionals and Mid Jersey Collaborative Law Alliance.
Are Collaborative Divorces Private?
Yes. Both spouses sign a participation agreement at the outset of the collaborative process that prohibits any disclosures without both parties’ consent. Your attorneys are also bound by attorney-client privilege and may not share any details of the proceedings. This is a far better arrangement than litigation in open court, which is open to the public.
What Does Collaborative Divorce Cost?
Collaborative divorce reduces the tasks typically involved in contested divorces and can help lower expenses. For example, parties avoid expensive court costs and other fees. Since you control the entire process, you also control the costs to a greater degree. Your collaborative divorce attorney with South Jersey Divorce Solutions can discuss costs and fees in a confidential consultation.
How Long Does Collaborative Divorce Take?
Timelines for collaborative divorce can be much shorter than those for divorce litigation in court. Spouses who can work together effectively speed the process along. Every case is different, and some issues may take longer to resolve than others. Most collaborative divorces in New Jersey are resolved in less than nine months.
Who Can Be Involved in a Collaborative Divorce?
- Your collaborative divorce attorney
- Mental health professionals
- Child specialists
- Financial neutrals and advisors
- Other professional advisors
What If Collaborative Efforts Fail?
In a collaborative divorce process, the spouses commit to resolving their differences outside of court and agree not to bring any issues to the court for resolution. If they are unable to reach an agreement, the collaborative attorneys and other professionals involved will work to find ways to facilitate a settlement. However, if one or both parties want to end the collaborative process, their attorneys are required to withdraw from representing them.
New Jersey Collaborative Divorce Lawyers
Do you have more questions about collaborative divorce? Call South Jersey Divorce Solutions at (856) 733-0229 or contact us online to schedule a confidential consultation in Merchantville, Camden County, New Jersey.