Collaborative divorce takes a different approach to divorce proceedings than traditional litigation. It uses a team of professionals to facilitate communication, provide support, and reach mutually acceptable solutions.
The process often saves money and provides more control to spouses. However, navigating can be difficult if you and your spouse get stuck.
Set an end date for your negotiations
Being as transparent and honest as possible is essential when negotiating your divorce. This includes promptly submitting any information requested from the other party, such as personal and business bank statements, financial affidavits, audits of personal assets, and more. Hiding information for financial gain is illegal and a dealbreaker that can quickly end the collaborative process.
Collaborative Divorce Red Bank NJ focuses on the interests and needs of each party and, when applicable, their children. Couples can create a mutually satisfactory resolution to their marriage’s end using this approach. This can save time, money, and stress by eliminating the need for litigation. It also ensures that your confidential information remains private. Upon reaching an agreement, you’ll prepare legal documents for filing with the court to finalize your divorce.
Communicate openly
When spouses respectfully articulate their needs and concerns, they can work together to craft a solution that benefits both parties. This process allows couples to remain out of court and avoid costly litigation while resolving their divorce.
This requires both parties to communicate openly with their attorneys and allied professionals, such as child specialists or financial neutrals. This communication must be honest and respectful, avoiding accusations of bad faith or hidden agendas.
In addition, it is essential to avoid texting or emailing about sensitive information unless it is solely for scheduling purposes. It is easy to react angrily in the heat of the moment and send something you may regret later. This can stifle the collaborative process and create additional problems.
Keep your goals and expectations in mind
Keeping your goals and expectations in mind is essential to maintaining open communication throughout the divorce process. It is also a key component of successful co-parenting after the divorce.
Emotions, such as anger or grief, are expected during the divorce process. However, you should avoid using these emotions as an excuse to engage in poor behavior or to make unreasonable demands.
During collaborative divorce, you and your spouse will work together with the support of your legal teams to reach a mutually acceptable settlement. This will help you resolve your disputes in a productive and timely manner. It will also minimize the need to engage in court proceedings, which benefits couples wishing to keep their personal affairs private. However, collaborative divorce is not appropriate for all cases.
Keep your children’s best interests in mind
When children are involved, keeping their well-being at the forefront of your decisions is essential. Children are often traumatized by acrimonious divorces and may experience behavioral issues, emotional outbursts, and social withdrawal.
Collaborative divorce is an efficient process that considers the needs of children. In collaborative divorces, a neutral child specialist is often included in the negotiations to ensure that both parties are on the same page and create a custody arrangement to benefit the children involved.
In litigated divorces, each spouse hires their experts. When it is time for a hearing or trial, the judge must decide which expert to believe. This can cause the court to make biased decisions. In collaborative divorces, both spouses work with a neutral financial expert and child specialist to help them reach a mutually satisfactory agreement.
Work with a qualified attorney
Unlike divorce proceedings in court, collaborative divorce remains private and confidential. This can benefit couples who prefer to avoid public conflict and stress when negotiating their divorce terms.
During a collaborative divorce, both spouses will work with their respective attorneys and outside help, such as mental health professionals, to agree on all areas of their separation or divorce without litigation. During this process, couples will meet face-to-face in four-way meetings to discuss their goals and interests.
If you want to pursue a collaborative divorce, contact an attorney with experience in this practice. A lawyer directory such as Justia can simplify researching, comparing, and contacting attorneys who fit your legal needs.