How Does the Collaborative Divorce Process Work in New Jersey?

While you may feel like litigation is the only path to dissolve your marriage, there are several ADR (alternative dispute resolution) methods available to avoid going to court. One rising in popularity in recent years is known as a collaborative divorce. Understanding what a collaborative divorce is and how the process works is imperative as you weigh your various options. To learn more and secure skilled legal advice in your case, reach out to a knowledgeable Morristown divorce attorney for skilled representation today.

What is Collaborative Divorce?

Collaborative divorce is a legal process that allows a couple to settle the various issues of a divorce and dissolve their marriage without going to court. In traditional litigation, the couple relies on a judge to make decisions about asset division, alimony, child custody, child support, and other matters. Instead, collaborative divorce allows the couple to work together, with the help of trained professionals, to reach a settlement agreement.

Collaborative divorce only works if both parties are committed to resolving their issues through negotiation and cooperation with one another, rather than disputes and arguing in court.

How Does the Collaborative Divorce Process Work in NJ?

In New Jersey, the first step of the collaborative divorce process is for each spouse to secure representation from an attorney. The lawyers selected must have training in collaborative divorce, as the process is quite different from the normal combative role that legal representatives generally play.

The parties involved will then organize a series of meetings where they will discuss the various issues related to the case and work toward a solution. At the first meeting, both spouses and their lawyers will sign a participation agreement, which states that the parties will work together in good faith to reach a settlement without going to court.

Both parties are required to fully disclose all financial, personal, and other relevant information to aid in the negotiation process. During meetings, the spouses will negotiate the terms of a settlement with the help of their lawyers. Expert witnesses can offer information to help the decision-making process as well. Financial experts, mental health professionals, and child specialists often offer beneficial insight.

If an agreement is reached, a settlement can be drafted and submitted to the court for review. If the process is unsuccessful, however, the case will likely go to court.

Do I Need a Lawyer During Collaborative Divorce?

Yes, if you and your spouse have chosen collaborative divorce, you both must hire separate legal representation. It is important that you have an advocate who will advise you of your rights, help protect your interests, and assist in navigating negotiations.

One thing worth noting, however, is that your lawyer is legally bound by the participation agreement. If you and your spouse cannot come to an agreement and the case ends up going to court, both attorneys are required to withdraw, and you will have to hire new representation.

To learn more and secure skilled legal advice, contact an experienced attorney today.