When you were contemplating divorce or you have suddenly been hit with the news that your spouse wants a divorce it can be easy to get tunnel vision due to an avalanche of emotions. There is a fear of what comes next and this can cause many to move forward with the first divorce attorney they connect with without really considering that they have options or thinking through what is in their best interest and that of their family. In fact, many are not aware that they do have options for getting a divorce in New Jersey.
There is this idea that traditional divorce that involves a knockdown drag out battle in court is always the outcome. This is a misconception. The truth is you do have a choice and there are alternative means for dispute resolution and getting a divorce that do not involve going to court and do not involve litigation. This is an important distinction because the majority of divorce cases do not end up in court yet still proceed through an adversarial litigation process where the threat of court is used to achieve the desired outcome of one of the parties. Fortunately, there are alternatives for getting a divorce without going to war. There are alternatives that allow all parties to achieve a mutually acceptable resolution in the best interest of everyone.
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Collaborative divorce is a new way to divorce that allows the parties to reach a mutually agreeable settlement on their terms with the help and guidance of their own respective attorneys as well as a team of collaborative divorce professionals. These include divorce coaches, financial professionals and child specialists. In the collaborative divorce the parties pledge to resolve their differences without going to court. The team focuses on finding creative solutions in the best interest of all of the parties according to their individual and family needs and goals. Collaborative divorce is typically less costly and a quicker way to divorce than traditional litigation. It also protects the privacy of all parties and reduces conflict thereby reducing the negative impact on children and extended family.
Divorce mediation is a process where a neutral third-party (mediator) assist the couple in identifying the issues that need to be resolved and then reaching acceptable agreement through negotiation. The mediator is neutral and does not provide legal advice to either party. Upon reaching an agreement each party should present the agreement for review by their own respective divorce attorney prior to submission to the court. Divorce mediation also creates an environment that reduces conflict and the costs associated with the traditional divorce process.
Kitchen Table Divorce
This is a do it yourself settlement method where the couple will sit down and work out an agreement on their own. Kitchen table divorces are typically most effective for couples where children or high-value assets are not involved. Anyone considering a kitchen table divorce should have a lawyer review the final agreement to ensure they are addressing all issues and not giving up certain rights unknowingly.
You Have Choices
The most important thing to understand is that, although you may be facing divorce, you do have options when it comes to how you go about ending your marriage. An experienced New Jersey divorce attorney can help you identify the method that would be best for you and your family.
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