Collaborative divorce requires a willingness to lay all cards on the table and a focus on solutions instead of assigning blame. It also includes the cooperation of spouses and a team of professionals, including financial experts. Information is openly shared in collaborative law, so formal litigation tactics such as subpoenas and depositions are unnecessary. This saves both time and money.
Experience
It would help if you found an attorney with experience in collaborative divorce. This is a process where the attorneys work with one another and other professionals like child specialists, conflict coaches, financial experts, and investment specialists to resolve issues such as custody, property division, and spousal support. Collaborative divorce Red Bank NJ professionals uniquely can create equitable and fair solutions for both parties. This is because collaborative cases occur on your schedule rather than the court’s, and you control the outcome of your case instead of leaving it in the hands of a stranger who hears a few hours of testimony and makes a decision for you. Finding a talented divorce attorney who has settled out of court frequently can help you avoid added drama and keep your divorce on track to a timely agreement.
Flexibility
A good collaborative attorney will be flexible enough to work around your schedule and make themselves available by phone or email. This will allow you to ask quick questions and keep the process moving when unexpected issues arise. A collaborative divorce allows spouses to settle their issues outside of court. It saves money by avoiding the high costs of traditional divorce proceedings, including court and attorneys’ fees often charged by the hour. It also helps spouses focus on their priorities and reach a fair resolution for both parties. A professional coach is usually included in the team to help spouses navigate difficult conversations and emotions that can derail the process. The coach is trained to help couples see situations from different perspectives and explore creative solutions for a win-win outcome.
Communication
Your divorce attorney is there to guide you through the legal process and explain your options. They can also help you navigate conflicts with your spouse, reducing the need for costly litigation or unnecessary hostility.
In a collaborative divorce, your attorney and spouse work together to settle without going to trial. This cost-effective, time-saving option allows you and your spouse to choose the best outcome for your family.
Collaborative divorce professionals often include a mental health professional/divorce coach who helps spouses express themselves non-confrontationally. This enables them to communicate effectively and avoid arguing in front of the judge, which can be traumatic for everyone involved. They also teach spouses how to keep discussions focused on the future and not on assigning blame.
Negotiation
The collaborative divorce process relies heavily on negotiation skills. Your attorney must be able to articulate your goals, needs and interests persuasively to negotiate effectively.
This differs from traditional litigation, where the judge makes all decisions for you and your spouse. Collaborative divorce lets you and your spouse decide best for your family.
Your team will also include neutral mental health professionals who serve as coaches and financial experts trained in the collaborative process. They will help you understand and organize your financial information to make informed decisions. These professionals will meet with you between full team meetings, as needed. If your divorce case goes to trial, the collaborative attorneys must withdraw from the case, meaning you will need new lawyers for court.
Legal Knowledge
In collaborative divorce, you meet privately with your attorney to discuss what you desire from the divorce — alimony, division of assets, custody, and more. Your attorney will strongly advocate for you and ensure that any settlement considers your interests. A skilled collaborative divorce attorney can use legal knowledge creatively to solve problems and reach an agreement without going to court. This can save you tens of thousands of dollars in attorneys’ fees and any outside professionals involved, like financial experts, child specialists, or therapists. It’s important to find an attorney with whom you feel comfortable and who aligns with your approach to divorce, such as the collaborative process or mediation.