In 2015, the New Jersey legislature made room for a new type of divorce proceeding that can be less costly and cause less stress for couples than traditional methods of settling a divorce in court. The New Jersey Family Collaborative Law Act has paved the way for these “collaborative divorces.”
Now, couples have several options available to move forward with the dissolution of their marriages. It’s important to understand how the different divorce processes work prior to determining which method is best suited for your situation and needs.
How collaborative divorce works
Collaborative divorce is a holistic approach to getting divorced. Rather than simply approaching the legal aspects of divorce, you may work with one or more professionals who understand all the financial and emotional issues involved, as well.
At the heart of the collaborative divorce process is mediation. Through this process, you and your former partner use problem-solving techniques to stay calm and work through all the issues in your divorce in a way that makes sense, reduces your time commitment and cuts down the total cost.
For these negotiations to take place, both parties must sign a participation agreement. This document demands that all the individuals involved in the divorce proceedings will negotiate and participate in good faith. Without signing this agreement, a reluctant party can easily derail the entire collaborative divorce process.
Consulting outside parties
The use of joint experts is another important aspect of collaborative divorce. While both parties will maintain their own legal counsel, in a collaborative divorce proceeding, independent experts may also be involved. For instance, rather than each party calling in his or her own financial advisor to determine how the couple’s assets will be divided, a single financial expert will meet with them to provide an independent opinion. This provides both parties in the divorce proceedings with objective guidance.
Finally, an independent professional mediator attends all meetings between the parties and helps them reach agreements on various issues, such as the division of assets, child custody, child support and alimony. The mediator cannot provide a binding ruling, but can offer guidance and ad-vice that makes it much easier to come to resolutions on key matters.
It is important to consult and hire an attorney that is both supportive of your decision to use a collaborative approach and familiar with the negotiation process. To learn more about the different divorce options that are available in New Jersey, speak with a knowledgeable divorce attorney at the Law Office of Steven M. Cytryn.
