Until 2015, there were three ways for a married couple in New Jersey to divorce: litigation, mediation and arbitration. With the signing of the New Jersey Family Collaborative Law Act, couples now have the alternative of a collaborative divorce.
What are the alternatives to a traditional divorce in New Jersey?
Said to be less adversarial, faster and less costly, collaborative divorce is a team effort that attempts to address all aspects of the divorce, both emotional and financial. It may not work for every couple, particularly if there is deep rancor or if one of the parties wants to have the upper hand. For some couples, however, it may be an option.
In a collaborative divorce, the parties each still have their own attorneys, but sign a “participation agreement” agreeing to work cooperatively. In the event that the process fails and becomes adversarial, the spouses are each required to retain a different lawyer to handle the litigation.
Seated around tables, the parties discuss goals rather than positions. Under the Collaborative Law Act, communications within the proceedings are privileged and confidential, which can foster a broader exchange between parties. Discussions cannot later be revealed without a client’s permission.
During the collaborative process, parties rely on jointly hired experts, such as mental health professionals or financial experts. Sharing experts can save money. In more traditional litigation, each side might hire its own expert on an issue, and the court might appoint a third. Parties also consult with financial analysts to understand the impact of the divorce and make financial arrangements. A divorce coach helps with the emotional aspects of splitting up.
By staying out of court and minimizing expenses, a collaborative divorce can save thousands of dollars. The process may be easier on children and is intended to allow for more latitude in designing creative approaches to alimony and child custody.
Is Collaborative Divorce Right for You?
Collaborative divorce is not the solution for every couple, but for some, it is an alternative well worth considering. The attorneys at Salvaggio Law Group exclusively practice New Jersey family law and can effectively advise you on all of your divorce options.
For a confidential consultation, call us at (973) 455-1220.
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