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3 reasons people choose collaborative divorce over litigation

On Behalf of | Jul 21, 2021 | Divorce |

Some people delay filing for divorce because they find the process frightening. It is common for people to assume that litigation is the only way to dissolve their marriage. While you will have to go through the New Jersey family courts to divorce, you don’t have to litigate the process.

You and your spouse have the option to file an uncontested divorce if you can reach a settlement agreement on your own. Reviewing your family circumstances and finances with your own attorneys before you sit down to negotiate could help the two of you divide your property and set up a parenting schedule that works for your entire family.

This process, known as collaborative divorce, offers many benefits that could make it a practical solution for you.

Collaborative divorce allows for a more nuanced outcome

Judges do have a requirement to familiarize themselves with your family finances and circumstances. They may do their best to accommodate special requests and acknowledge your family’s unique needs.

However, a judge will always have an outside perspective that limits how well they resolve your issues. In a collaborative divorce, you are in a position to compromise on things that don’t concern you and push more forcefully on your top priorities.

Collaborative divorces help protect your privacy

Trying to explain to a judge why you’ve made specific requests in your divorce filing will often require extensive evidence or testimony. Addressing spousal misconduct in a divorce is common, but that means that your complaints about gambling, drinking or cheating will become public record.

What you say in the privacy of a meeting with your attorney or in a more structured conflict resolution session, like mediation, typically stays confidential.

Working together makes divorce easier for your children

Watching parents fight can be emotionally damaging for children. The more conflict they witness or have to get involved in, the greater the risk of the divorce causing long-term emotional or social harm to the children.

Settling custody matters collaboratively means that your children won’t have to sit through testimony that drags one of their parents through the mud or make a decision about whom they would rather primarily live with after the divorce. As an added perk, working together in the collaborative divorce process could be a way for you and your ex to establish a friendly co-parenting relationship after what has undoubtedly been a stressful time for your relationship.

If you have certain terms that matter to you, concerns about your children or worries about your privacy, collaborative divorce might be a way to move forward to a happier life.

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