Collaborative divorce offers an alternative approach that emphasizes cooperation when ending a New Jersey marriage. Each spouse retains their own attorney to facilitate negotiations outside of the courtroom. The focus is on constructive discussions, allowing both spouses to work together with their legal representatives to resolve their issues amicably. Could a collaborative divorce be right for you? New Jersey Divorce Solutions sheds more light on this approach to divorce.
What Is Collaborative Divorce?
In 2014, New Jersey enacted the New Jersey Family Collaborative Law Act, a significant piece of legislation aimed at enhancing the collaborative divorce process. This act established a legal privilege that promotes greater security for clients, allowing them to fully and freely disclose essential information needed to resolve their family law matters.
Additionally, the law extends this privilege to situations where spouses engage the support of various trained professionals, including coaches, child specialists, and financial neutrals, fostering a more constructive and supportive environment for conflict resolution.
In a collaborative divorce, the parties commit to a participation agreement to engage in voluntary, non-adversarial, and flexible negotiations aimed at reaching a mutually agreeable resolution. Each individual is supported by a specially trained collaborative divorce attorney who assists in guiding the settlement discussions.
There are three basic principles of collaborative practice:
- A pledge not to go to court
- An honest exchange of all information
- A resolution that is beneficial to the spouses and their children
Collaboratively-trained attorneys at South Jersey Divorce Solutions provide legal advice, support, and advocacy throughout the process. Meetings are held as needed, with both spouses and their attorneys present, to address and resolve the various legal, financial, and practical matters arising from the divorce. This approach emphasizes cooperation and open communication to facilitate a smoother transition for all involved.
What Are the Benefits of a Collaborative Law Solution?
Collaborative divorces often present a more cost-effective alternative compared to traditional litigated divorces. This approach allows spouses to have greater control over the financial aspects of the divorce, which can be particularly advantageous for older couples. In a collaborative divorce, the spouses actively participate in determining the outcomes, ensuring that their preferences and concerns, as well as those of their children, are addressed. Plus, the calmer problem-solving process is often easier on the children.
Another significant advantage of collaborative divorce is the emphasis on privacy. Unlike litigated cases, which are conducted in open court and may expose sensitive personal matters, collaborative divorces maintain confidentiality. Information is kept within the collaborative team and only disclosed if both spouses agree, providing a more respectful and private environment for handling family issues.
Can Any Lawyer Handle a Collaborative Divorce?
While any divorce attorney can claim to handle collaborative divorces, you need one with specific training and experience in this form of law. 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.
Who Should Choose Collaborative Divorce?
Should you divorce collaboratively? Consider the following as you answer this question.
- Do I want to avoid battles with my spouse?
- Do I want to keep our divorce proceedings private?
- Do I want to ensure the best solutions for my children?
- Do I want to preserve a co-parenting option with my spouse?
- Do I want more control over my future (as opposed to an anonymous judge telling me what to do)?
- Do I want to save thousands of dollars in legal fees?
If you answered yes to these questions, a collaborative law divorce is right for you.
New Jersey Collaborative Divorce Lawyers
Want to learn more? Review these Collaborative Divorce FAQs. To schedule your initial consultation, call New Jersey Divorce Solutions at (856) 733-0229 or email us. You can learn more through this consultation and we are happy to answer your questions.