Divorce is one of the most challenging and emotionally overwhelming processes that a person can experience. Traditional divorce involves litigation where the spouses go to court to argue their sides before a judge rules on all relevant issues. Litigation can be stressful, time-consuming, and expensive. Many couples are beginning to turn to other resolution tactics, such as collaborative divorce. If you are splitting from your spouse in New Jersey, understanding collaborative divorce and its process is important in choosing the right path for your case. For more information and to obtain skilled legal advice, reach out to an experienced Sussex County, Sparta divorce attorney today.
What is Collaborative Divorce in NJ?
Collaborative divorce is a method of formally ending a marriage where both spouses and their respective lawyers work together to resolve all issues related to the divorce. Important topics that must be handled generally include property division, alimony, child custody, and child support. The goal of collaborative divorce is to find a mutually beneficial solution in a constructive way that avoids going to court.
In a collaborative divorce, both parties commit to making their best effort to resolve their issues outside of court. During meetings, this approach will prioritize negotiation, open communication, and respect.
Do I Need an Attorney?
Yes, in a collaborative divorce, both spouses must retain their own separate lawyers. These legal representatives are present to advise their clients on their rights, advocate for their interests, and facilitate the negotiation process.
This process is less combative than traditional litigation, so these lawyers must be trained in collaborative divorce to ensure they are equipped to guide this process and meet all legal requirements.
How Does Collaborative Divorce Work?
The collaborative divorce process begins with both parties and their legal representation signing a participation agreement. This document states that all parties are committed to resolving the divorce outside of court and will make an effort to avoid litigation.
The couple will endure a series of structured meetings designed to facilitate conversations and open discussions. Other professionals, like financial advisors, child specialists, and mental health experts, may be brought in to provide expert advice when discussing certain issues.
Both parties will exchange relevant information and negotiate to find a solution to all relevant issues. Over the course of these meetings, the pair hopes to reach and draft a settlement agreement. If the task is accomplished, the agreement will be submitted to the court for approval.
However, if an agreement cannot be reached, the case must proceed to litigation. Both parties’ attorneys must withdraw from the case, and the spouses will have to find new representatives.
If you have any questions regarding this process, do not hesitate to reach out to a skilled attorney at Paris P. Eliades Law Firm, LLC today.