Advantages of Collaborative Divorce

Advantages of Collaborative Divorce

Advantages of Collaborative Divorce

Advantages of Collaborative DivorceCollaborative law is a method of dispute resolution whereby each party retains an attorney, as well as other experts as a case may require, including accountants, mental health practitioners or financial professionals. The parties, attorneys and professionals then sign an agreement committing to work together, outside of litigation, to arrive at the terms of an agreement. Our experienced New Jersey divorce lawyer explains the advantages of collaborative divorce.

Advantages of Collaborative Divorce

As a non-adversarial proceeding, this process allows the parties to maintain a healthier relationship during and after the divorce. Privacy is also preserved in the collaborative law process. Negotiations can occur prior to the filing of any pleadings with the court, allowing the parties to focus on the issues at hand while avoiding allegations about one other.

The parties have complete control over the manner and timetable in which the agreement is reached. Settlements to which both parties agree remain sustainable over longer periods of time and invite more consistent compliance than do court ordered mandates.

Collaborative law is different from mediation in that the parties each involve an attorney to serve as their advocate, rather than work mutually with an impartial mediator to reach a decision. If a client prioritizes working toward a peaceful amicable solution over winning at all costs, the client’s values will be honored in the Collaborative law process.

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Advantages of Collaborative Divorce

The requirement that all lawyers be disqualified in the event of a stalemate ensures that all participating counsel will be totally and exclusively motivated to reach an agreement. Thus, all participants are equally and fully invested in finding a solution. Quite often, the costs involved in the collaborative process are less than that of litigation. In cases with tax concerns or other issues or financial propriety within the parties’ finances that cannot be presented in court, Collaborative law presents a more attractive forum for the case to be resolved.

All involved have an economic incentive to reach settlement: the parties, due to the high costs of litigation, and attorneys, because of the forced withdraw if a settlement is not reached. If the parties have children, the direct communication in the Collaborative law process helps preserve a cooperative relationship. This stands to benefit the children as the parties begin the task of co-parenting during and after the divorce process.

Collaborative law encourages creative solutions that serve the needs of both clients. These types of solutions may not present themselves as the court simply applies law to the facts of each case.

Contact our New Jersey collaborative divorce lawyer today to arrange a free consultation and determine which solution works best for you.

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