What is a Collaborative Divorce?

January 28, 2021

When a couple goes through a divorce, a judge will usually divide their assets and resolve any disputes. However, spouses who feel comfortable using open communication can opt for a collaborative divorce, which allows each spouse to discuss the terms of their divorce without seeing a judge. There are plenty of benefits concerning a collaborative divorce, including saving time, money, and the emotional toll of divorce proceedings. Regardless, one should contact a divorce lawyer to determine if a collaborative divorce is the right choice.

How Do I Know if a Collaborative Divorce is Right for Me?

A collaborative divorce is an ideal option for those who feel comfortable talking to their spouse about dividing assets, child custody, and other important matters. This differs from mediation because it seeks to fulfill both parties’ needs and aims to keep a functional relationship after the process is over. In essence, the objective of a collaborative divorce is to provide a win-win scenario for both spouses in the divorce. The benefits of a collaborative divorce include:

  • Saving time
  • Keeping one’s business private by preventing a court hearing
  • Ability to customize plans to gain positive results for both individuals
  • Reducing the emotional toll of divorce court hearings

While a collaborative divorce highlights an open line of communication between two parties, there is still a need for both spouses to retain their own lawyer. A lawyer in a collaborative divorce differs from a lawyer in an average divorce. The lawyer’s goal is to provide a fair and just settlement and the best results for both parties.

What is the Process of a Collaborative Divorce?

After deciding how they want to handle the divorce, the couple must hire qualified lawyers to represent their best interests. It is important that these lawyers have experience in handling collaborative divorces since they differ from a traditional divorce.

At the outset of a collaborative divorce, each spouse’s lawyer must sign a participation agreement, which states that if a spouse’s poor communication leads to the failure to reach an agreement, the collaborative lawyers will withdraw from the case. In this case, the couple will need to either find new lawyers or go to court to settle the case.

Additionally, clients should discuss with their lawyers their goals for the negotiation. They should determine how they would like to divide their assets, handle child custody and support matters, and whether there will be alimony distributed. This helps set the groundwork for four-way meetings to provide the best results for both parties.

Moorestown Family Law Lawyers at Stockton Family Law Help Clients Through Collaborative Divorces

If you are interested in a collaborative divorce, contact a Moorestown family law lawyer at Stockton Family Law. Our lawyers can help an individual gain the benefits of a collaborative divorce without sacrificing their assets. If you are interested in discussing your legal options for divorce, contact us online or call 856-412-5052 for an initial consultation. Located in Moorestown, New Jersey, we proudly serve clients throughout South Jersey, including Moorestown, Mount Laurel, Burlington County, and Camden County.