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How Does a Collaborative Divorce Work?

The process of divorce can prove to be very complicated. This is especially so if it goes through litigation. Spouses who go through a contested divorce may find themselves in these situations. However, there are many couples who choose to avoid litigation. This is because during those proceedings, their assets may be subject to equitable distribution and a judge can make all the decisions regarding the divorce for them. It is because of this that alternative methods of divorce do exist, such as a collaborative divorce. If you are interested in participating in a collaborative divorce, it is important to retain the services of an experienced New Jersey divorce attorney for guidance during this time. 

What is the Process of Collaborative Divorce?

The goal of a collaborative divorce is to get both spouses in a couple to work together. This is so that they can reach divorce terms that both parties can agree upon outside of a courtroom in order to move forward with their proceedings. It is important to know that, in order to begin the collaborative divorce process, all parties involved are required to sign a binding agreement. This document establishes that not only both spouses, but their respective attorneys as well, will stay committed to the process. In the event that the process does not work, the attorneys are barred from further representing their clients if the case goes to court. 

After the agreement is signed, both spouses and their attorneys will begin to resolve any disputes there may be regarding the divorce. As suggested in the name, a collaborative divorce sometimes requires the assistance of other experts from different fields. This may include psychologists, accountants, financial analysts, and more.

Is a Collaborative Divorce a Better Option?

A successful collaborative divorce means that both spouses found a way to agree upon their marital issues. This includes reaching agreements regarding child custody, child support, parenting time, alimony, the division of assets, and more. This is not always easy to do, which is why it is an accomplishment if spouses are able to do so outside of the courtroom. The process of a collaborative divorce can often benefit spouses, as parties often feel as if their voices are heard more than they would be in a court in front of a judge. It is because of this that the outcome is often easier to accept, as it came to be through negotiations of their own. Spouses often choose this method only if they believe they and their spouse can work through their issues together in a healthy and amicable way.

Contact our Firm

If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.