Collaborative Law in New Jersey

An introduction to collaborative law

Collaborative law is an increasingly popular way for parties to reach a final decision on matters which they cannot agree on.  A very innovative use for this process is divorce because it allows both spouses to be directly involved in creating possible resolutions and works to prevent the “us versus them” adversarial approach that is normal in divorce litigation.

In collaborative law, the intended goal is to reach and sign a binding settlement, without court involvement, on post-marital issues which are not limited to:

• Child support
• Alimony
• Property division

• Debt division
• Custody

Each party should enter the proceeding with an attorney who is trained in collaborative law because his or her position will be to make sure his or her client is being treated fairly and the process is an ideal fit for the client.  Everyone involved is required to agree to certain details, in writing, before the meetings can begin.  These details include:

• That both parties are working to limit the negative impact on each other
• That both parties will work in a non-adversarial manner
• All communications will be respectful and not involve making any accusations without substantial proof
• The parties will not threaten to proceed with litigation

• That certain rights of those involved (restraining orders, court discovery allowances, etc.) are being set aside for the collaborative law attempt
• That each will provide all necessary information
• That the attorneys will withdraw their services if they find their client has withheld information or the parties decide to proceed with litigation

This method is reported to be less costly and more effective in successfully reaching positive results than litigation.  Many clients have shown a positive response to their collaborative law experience and it is apparently less stressful than a lawsuit on both parents and children.  It can even improve communication and future resolution of conflicts.

When collaborative law may be for you

Despite all the positive responses to the collaborative law form of divorce, it is not ideal for every single situation.  Some circumstances when collaborative divorce law may be a good option include:

• The desire for a polite, respectful resolution process
• A value placed on privacy and the desire to keep personal matters out of public record
• The desire to co-parent in a productive manner
• The desire to remain friends with an ex-spouse
• The desire to protect children from being involved or viewing adversarial court hearings

• The desire to make decisions on the matters that affect those involved instead of allowing a court to do so
• The desire to try a lower cost divorce option
• The desire to keep the interests and needs of those involved in mind when creating solutions and thinking outside the facts
• The use of neutral outside experts appeals to all parties