It might be surprising to learn that some divorces are resolved simply and easily through the collaborative efforts of the divorcing parties. Collaborative divorce is a form of alternative dispute resolution where the parties negotiate and work together to arrive at the best possible outcome for each of them. While the parties might not get everything that they set out to achieve in a collaborative divorce, the parties are considerably more likely to get more of their desired outcomes than if their disputes were left for a judge to decide.
Collaborative divorce gives the divorcing couple the opportunity to work out their divorce issues on their own terms and without the costs and frustrations of relying on the court to decide their issues. Many couples prefer collaborative divorce since it allows them to exercise some control over their divorce issues and it gives them a voice when it comes to the dissolution of their marriage.
During a collaborative divorce, the parties agree to collaborate in a non-adversarial way, with the help of their respective lawyers, to develop a divorce settlement that is fair and reasonable. The couple can decide matters such as:
- Division of their marital debts and assets.
- Child custody.
- Child support.
- Visitation.
- Pet custody.
- Spousal support.
When Does Collaborative Divorce Work?
Collaborative divorce is not for everyone, and each couple should consider their relationship and goals during their divorce and decide if collaborative divorce is right for them. Couples who are comfortable with the idea that they are getting divorced and who can work together for their own best interests, or the best interests of their children, are well suited for collaborative divorce. Even couples who disagree somewhat on certain divorce issues may still be a good fit for collaborative divorce so long as they understand that they need to work out those issues during their divorce settlement negotiations. Couples who are not overly emotional about the divorce fair well during collaborative divorce. Each spouse should strive to conduct him or herself in a fair and reasonable way.
On the other hand, couples who are bitter, emotional, or are angry at one another will likely make little progress in a collaborative divorce. Couples in highly contentious divorces and divorces where one party is reluctant to end the marriage, are less likely to be able to work together constructively to resolve their issues. Similarly, at-fault divorces cannot be resolved through collaborative divorce. If one spouse aims to punish the other spouse during the divorce, or is out to be as uncooperative as possible, the couple will most likely require the intervention of the court to decide their divorce-related issues.
When You Need A New Brunswick Divorce Attorney
The Law Office of Steven M. Cytryn has assisted countless couples as they work through a collaborative divorce in an effort to get the outcome each party desires. Let us help you resolve your family law issues through collaborative negotiations. Contact us by either calling 732-214-1103 or by completing our convenient online form.
