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Will collaborative divorce suit your situation?

On Behalf of | Jul 1, 2022 | Divorce Alternative Dispute Resolution |

When going through a divorce, you want the path of least resistance. For many, this will involve avoiding court if at all possible.

But how will that work out? On the one hand, you have the option of collaborative divorce. This will not work for everyone, but it can provide unique and helpful benefits to those who can opt into it.

How does collaborative divorce work?

Collaborative divorce serves as one way that you can eliminate your time in court for a divorce case. The process involves you and your spouse each hiring a collaborative attorney to represent you. Through these representatives, you will hold four-way negotiations and discussions. The goal is to approach the divorce with a collaborative mindset and find solutions that benefit you both.

Collaborative attorneys have the legal knowledge necessary to walk you through all of the ins and outs of divorce. They can explain any complex or confusing aspects of the process and can answer questions you may have.

Benefits of collaborative divorce

No one wants to suffer through a contentious legal battle in court. As previously mentioned, collaborative divorce avoids the courts altogether. It is also a much more efficient and less expensive process than litigation.

In addition, it offers certain benefits over mediation. With collaborative divorce, you and your spouse each have an attorney representing your interests. With mediation, a neutral third party mediates the divorce negotiations.

When collaborative divorce may not be the best choice

If you and your spouse argue frequently, and even being in the same room together to work out a settlement isn’t in the cards for you, then other forms of alternative dispute resolution may be more useful. For example, a mediator has more training specifically in de-escalation and can help all parties have a smoother conversation on a whole.

Figuring out what’s right for you

Collaborative divorce often works best in cases where the couple does not have too many contentious issues that they disagree heavily on. Some disagreement is fine and normal, but you and your spouse must have the ability to work through these disagreements – even if you need additional help from third parties to achieve it. Consulting with a family law attorney experienced in all forms of alternative dispute resolution may be a good first step.

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