Collaberative divorce ocean county new jersey

You can schedule meetings with all parties without waiting for court dates. That means you generally spend less time and, as a result, less money to achieve your goals of emotional and financial closure. It also means you eliminate the fear and anxiety associated with court proceedings. Collaborative family law focuses on all involved parties reaching a mutually agreed upon settlement of their disputes. The process results in valuable benefits, such as, the ability to continue to communicate with your spouse for the benefit of the children at the conclusion of your divorce.

It creates a cooperative environment where communication remains open, which provides a setting where you can work with your spouse to meet your children's needs -- regardless of their ages. That helps set a tone for open communication and reduced conflict in the future. The requirement that all lawyers be disqualified in the event of a breakdown guarantees that all participating counsel and the litigants will be totally motivated and committed to ensure that the process is successful.

Thus, all participants are equally devoted to crafting the solutions to all of the outstanding issues. The manner in which the negotiation process takes place is positively affected by the certainty that lawyers will never litigate the case. Openness, candor, and cooperation replace guardedness, secrecy, and threats as the techniques most likely to achieve ultimate success.

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Walking out in anger, or provoking the other side to, ceases to be a viable tactic. Mediation involves the use of a neutral third party in facilitating the negotiation and settlement of a dispute between the parties. Parties retain the option of walking out of mediation and proceeding to litigate with their current attorneys. In collaborative law cases, lawyers and their clients will talk and negotiate with or without the assistance of a third party neutral, unless they find such an intervention would be useful. In mediation, the neutral cannot be an advocate for one party over another, or propose a possible outcome if the case is litigated.

In a collaborative law case the attorneys are committed to continuing a productive dialogue until such time as satisfactory solution is reached since litigation involving the parties is not an option.

In this respect, a settlement agreement reached via a collaborative law process is no different from any other negotiated settlement agreement, and the former is no more or less susceptible to being annulled for such a reason than the latter. Any settlement agreement reached during the collaborative law process, the attorneys and the parties should recite the material facts upon which the settlement is based.

In the event the parties are unable to arrive at a settlement through the Collaborative Law Process, the lawyers withdraw from the case and the parties are free to retain trial attorneys to pursue their matter in court. The result is that the parties will have the best representation for each phase of the proceeding, and probably save time spent in a subsequent, costlier trial. Divorce is a life-changing event for you and your family. During this time of high stress, you may have some of these or related concerns: How can I protect my children's best interests?

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How can I maintain control of the process and get a fair outcome? How will I get through this experience safely? A Collaborative Divorce Team, with both attorneys and mental health professionals, offers the support and expertise to guide you to the best possible outcome, allowing everyone in the family to move forward.

Most, if not all aspects of getting a divorce, have the potential to stir up deep feelings which need to be understood so that they do not negatively impact the outcome. The Divorce Facilitator, is a licensed Mental Health Professional on the Collaborative Divorce Team, who will meet with you to address any emotional obstacles related to getting through the divorce process. This person is trained in divorce mediation and is experienced in working with divorce attorneys.

Part of the collaborative teamwork involves attorneys and coaches communicating with each other to best serve the couple's or family's needs. Except for the sharing with the Team, all information is confidential. Facilitators are not working as psychotherapists. If counseling seems indicated, referrals are offered. We can use just one person as a neutral facilitator or each party can have his or her own facilitator also commonly called a Divorce Coach.

Information Provided by: Kathryn A. Gilbert, Esq. Enter Your Zip Code:. X Close New Jersey Info. Encyclopedia Checklists Tools Downloads Bookstore. Start Your Divorce. New Jersey Info. It enables the divorcing couple, not a judge, to determine the terms of the divorce. It encourages mutual respect. It focuses on the needs of the children. It keeps private information out of the public domain, unlike in a traditional divorce. It usually costs less and takes less time than a traditional divorce.

It is not for everyone, particularly parties unwilling to negotiate. If a settlement cannot be reached, the couple's attorneys are required to withdraw from the case, and the parties would need to hire new attorneys to bring their case to court. At Law Office of Andrew A. Bestafka, Esq. We have the experience and knowledge to help you through this time. Though divorce is accompanied by uncertainty, many people find comfort in the guidance of a knowledgeable attorney.

If you are considering a divorce and believe that your situation would allow for a non-hostile resolution, a collaborative divorce lawyer can help. A skilled collaborative divorce attorney understands how to transform a divorce into a satisfactory settlement for both you and your spouse.

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If you are committed to working cooperatively with your spouse through the divorce process, hiring a collaborative divorce lawyer is the most desirable way to reach a quick settlement. Even when you and your partner have a decent working relationship, the presence of lawyers will help you thoroughly weigh your options. Although this may be your first divorce, you can rest assured that your lawyers have each been through this process many times before. Once you choose an experienced attorney, you and your spouse must meet and discuss your goals and dispute resolutions.

For the collaborative divorce method to work, both parties must be willing to provide the other with complete financial information. If you think your spouse is hiding essential information, you may have to consider other methods outside of the collaborative process. If you are considering a divorce, and both parties are being transparent, and you are confident that the situation will result in a non-hostile resolution, hiring an attorney will further minimize any chance of litigation.

Andrew A.

Attorney Bestafka has been awarded numerous accolades for his work, including one of 10 best attorneys in client satisfaction by the American Institute of Family Law Attorneys and has received top marks for his divorce work by Avvo. Whether your marital issues include children, real estate, retirement, or alimony, no case is too complicated for our professional staff. The Law Office of Andrew A. Our attorneys will take special care to form a legal strategy that makes your emotional needs into consideration.

Our attorneys understand the toll divorce can take on families. We will work with you to form a legal plan, helping you establish your priorities and goals to make the process easier. One of the critical elements of a collaborative divorce is the absence of the underlying threat of litigation. Both parties enter into a participation agreement that binds them to the provisions set forth within, commonly including the following:.

A collaborative divorce can allow you to get through the process without the emotional trauma that all too frequently accompanies a potentially hostile, traditional divorce. Divorce attorneys are here to protect both participants if the process does not ultimately end in a settlement. If both parties are in agreement, the next step is to hire a lawyer to represent you.

Choose a lawyer that is willing to participate in the collaborative law process and has proven experience with alternative dispute resolution. When both participants agree to stay out of court, this removes the threat of litigation. Attorneys use participation agreements to confirm that, although a joint petition will be signed, no documents will be filed with the court until you and your spouse reach an agreement. When it comes to collaborative divorce, you and your spouse each need to have legal representation.