What Is a Collaborative Divorce in New Jersey?

When you are preparing for your divorce, you may assume that you’ll be entering a tumultuous time, filled with anger, bitterness, and stress. While getting a divorce is undoubtedly a stressful and emotional period, it’s critical to understand that this is not inevitable. In fact, many couples are able to work together in a collaborative manner to finalize the details of their divorce. As such, if you are interested in pursuing a collaborative divorce, this blog explores what you should know about this process, including the importance of working with an attorney with Haber Silver Russoniello & Dunn to explore your divorce options.

How Does a Collaborative Divorce Work?

A collaborative divorce is a form of alternative dispute resolution that allows the couple filing for divorce to stay out of court. This option combines aspects of traditional negotiation with mediation to grant the parties control over the outcome of their divorce while ensuring they have strong legal representation. In general, all parties, including the couple, their respective attorneys, and any other professionals, will work together to determine the best possible outcome for the divorce. You should note that while your attorney will work with your spouse and their legal representation, your lawyer will still prioritize your best interest.

A collaborative divorce works well because the attorneys involved agree to withdraw from the case in the event either party wishes to take the matter to court. This is beneficial, as it encourages the couple to do everything possible to reach an agreement, as hiring new legal representation can be incredibly expensive. Additionally, this ensures that the attorneys focus on finding viable solutions for the divorce instead of preparing a case for litigation.

What Should I Consider Before Agreeing to This Option?

In general, a collaborative divorce offers a considerable amount of benefits for those undergoing this process. However, it is necessary to understand that this will not be a viable solution for all divorcing couples. Generally, the most important thing you’ll need to consider is your relationship dynamic with your spouse. If you are at the point in your relationship and divorce that you are unable to effectively communicate, or neither of you is willing to compromise, this is generally not recommended. A collaborative divorce relies on the abilities of each party to work together and compromise.

As such, if there is a history of domestic violence or abuse in your relationship, a collaborative divorce is not recommended. This is because this process is only effective when both parties can speak freely, which is often not the case when there is a power imbalance in your relationship caused by abuse or violence.

If you are going through a divorce and are interested in the benefits of a collaborative divorce, it is in your best interest to connect with an experienced attorney with Haber Silver Russoniello & Dunn to explore your legal options. Our firm can help you determine the best options for your specific circumstances so you can feel confident in your decisions. When you need help, our team is here. Contact us today to learn more.