The majority of couples who are going through divorce will have their share of disagreements over the details of the split. In many cases that would be an understatement. Even in the most cordial of relationships, each spouse generally has their own expectations and points of view with regard to what they believe to be fair with regard to their children, the division of property and support.
However couples will generally agree that they prefer to retain control over the outcome of their divorce rather than have a judge decide their important and very personal issues. Couples recognize that they are in the best position to decide what is best for their children, preserve marital assets and protect their financial futures. This is only one of the benefits of collaborative divorce that makes it a better alternative for many couples.
Collaborative divorce is an alternative to the conventional litigation process in that it provides couples with the opportunity to come to a mutually acceptable resolution of all of the issues without going to court. Because the couple is in control of the outcome, they are able to create agreements based on their individual and mutual goals.
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How It Works
What makes the collaborative process so effective is that it is a team approach. Although the couple is in control of the outcome, they also have the benefit of collaboratively trained team of professionals to help guide and support them through the process. Each spouse hires their own attorney and the attorneys work together with the team of collaboratively trained professionals. These include neutral financial professionals, child specialist and divorce coaches. The parties work with the team to reach a mutually acceptable, durable agreement of all the issues.
Could It Work For You?
Whether the collaborative divorce process is appropriate for you will depend on your particular circumstances and a number of factors. In order to decide what is best for you and your family, you will want to discuss your case with a collaboratively trained attorney. The following guidelines may be helpful in providing you with a general idea of whether the collaborative divorce approach is an option you may want to consider.
If some or all of the following statements are important considerations for you, you will want to educate yourself about the collaborative divorce approach.
- You want to end your marriage and resolve the issues in a manner that is respectful and civilized.
- You have a desire to co-parent your children together.
- You are concerned about the emotional and psychological damage often associated with an adversarial divorce and you want to protect your children.
- You want to protect extended family and friends from having to take sides.
- You value your privacy and would prefer that the details of your divorce not become part of the public record.
- You and your spouse want to control the outcome rather than have a judge decide what is best for you and your family.
- You and your spouse are willing to let go of faultfinding and focus on finding creative solutions to resolving the issues that allow all parties to move forward with your lives in a healthy manner.
If some or all of the above considerations are important to you, and you want to avoid a litigated divorce, you owe it to yourself and your family to learn more about the collaborative divorce process.
Contact our office at 973-425-9001 or submit a contact form to schedule a consultation to determine whether this approach is appropriate for you or whether another alternative dispute resolution method is better suited to your particular needs and circumstances. Patricia E. Carney.Esq. can provide you with the information necessary for you to make an informed decision about what is best for you and your family.
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