In a collaborative divorce, spouses engage in a cooperative process with the help of legal and financial professionals to reach amicable agreements on matters like property division and child custody, aiming to avoid contentious courtroom proceedings. Collaborative law requires transparency and full disclosure of information and documents. It also avoids costly discovery processes that are part of litigation.
Representation of Your Interests
The collaborative divorce process allows spouses to negotiate a mutually beneficial settlement. It spares families the emotional and financial stress of a long, drawn-out court battle. Collaborative divorce requires both parties to be willing to work together in good faith. This includes committing to a full and honest disclosure of information and documents. In addition, each party may hire mental health professionals and financial specialists to assist with specific issues. The collaborative process is typically conducted through four-way meetings where both parties and their attorneys are present. A trained lawyer can help guide you through the negotiations and ensure that your rights are protected. They can also be invaluable if you are impasse on a particular issue.
Counseling
Collaborative law allows for resolving all divorce-related issues, including property division, alimony and child custody. It also helps couples work through notorious sticking points such as parenting time and schedules.
Attorneys are trained to promote cooperation and transparency in collaborative cases. This can be especially important if you and your spouse have trouble communicating or are at odds. A good collaborative divorce Red Bank NJ attorney can help you see the bigger picture and put your divorce into perspective. They can also provide support when needed.
Help You Understand the Law
A divorce lawyer can explain the law and how it applies to your situation. They will also help you understand your rights and responsibilities throughout the process. Spouses voluntarily provide information to the collaborative team, making the process less adversarial than traditional divorce. This allows for faster and less costly negotiations. Experts, such as financial professionals and mental health experts, can be brought in to help with certain issues. The attorneys may withdraw from representation if either party is dishonest or does not disclose all information. This happens only rarely, but it is still important for spouses to consider the implications of this before choosing collaborative divorce. This can mean reverting to traditional pre-court negotiation or hiring new attorneys.
Negotiation
In collaborative divorce, you and your spouse discuss issues like spousal support, child custody, parenting plans and equitable distribution of assets through respectful negotiations. If necessary, neutral professionals like financial and mental health help the couple resolve their disputes. Your attorney will provide legal advice throughout the negotiation process and help you reach a fair agreement with both of you. They also help you prepare and present arguments based on fact and reason rather than emotion. Your attorneys will work with your spouse’s attorney in four-way meetings. These meetings allow both lawyers to address all participants, avoiding hidden agendas or misunderstandings. The four-way sessions also allow couples to focus on negotiating their interests and reaching a mutually beneficial resolution to their issues.
Documentation
A big part of the collaborative process involves documenting all aspects of your divorce. This includes all the financial information regarding property, investments, loans, and credit card accounts. Your attorneys will work with other professionals or financial professionals who will help you gather and analyze all the financial information. This helps ensure that all the facts are gathered and presented in a way that makes sense to you and your spouse.
This documentation is important for successful negotiations and informed decisions. It also eliminates the need for depositions. Depositions are a costly and time-consuming discovery procedure. The open collaboration of information helps reduce conflict and emotional strain. When you and your spouse reach a separation agreement, your attorney will prepare the necessary paperwork for filing with the court.