We’re Getting Divorced: Is Collaborative Divorce an Option?

Nobody gets married thinking that the relationship will definitely end in divorce. Couples are optimistic that the marriage will last indefinitely, and as time goes by, they do their best to make that a reality. For some, the marriage works. But in other cases, it so happens that they reach a fork in the road, and eventually, after much deliberation, decide to go their separate ways.

When this happens, people are often at a loss as to how they move forward. They know divorce can get expensive, and in some cases, bitter. If possible, they want to avoid these unpleasant scenarios and try to reach an agreement in the most amicable and efficient way possible. And unless you’ve been through a divorce before, you might not really know where to begin. You may have heard about easier options, cheaper options. You might wonder whether something called “collaborative divorce” is possible for you.

The short answer is that it will depend on how the laws are structured within your state. In New Jersey, for example, collaborative divorce is a legal option for couples getting divorced, and it allows the divorce to be finalized without appearing before a judge. But that’s not the important part — the biggest benefit of collaborative divorce is a faster, fairer, more amicable parting of ways.

If you live in a state with legal provisions for collaborative divorce, you might wonder if you qualify. Are there any special conditions that have to be met in order to go this route? Not usually — except that you and your divorcing partner are prepared to be truly collaborative.

The foundation of collaborative divorce in NJ is a legally binding agreement between parties, to the effect that all divorce-related issues will be resolved out of court. The two main issues are first and foremost children, and second, financial arrangements. These are the factors that contribute to highly contested divorces, and if a couple has already reached in impasse on certain issues (especially children), court will be the only option.

But for those who are ready and willing to respect their divorcing partner throughout he process, and work through all issues in the presence of mediators, attorney, or even therapists who may be involved in the process of collaborative divorce (or divorce mediation), the results can be highly preferable to the tradition courtroom method of divorce.

Collaborate divorce can have different levels of involvement from legal professionals and mediators, depending on how complex the divorce may be from a child-custody and financial standpoint. If there are no children and not many financial issues to solve, divorce in NJ can be very simple, and aside from the preparation of legal forms, may not require any involvement at all from lawyers. It really all depends on how collaborative the divorcing couple are really going to be.

Divorce mediation NJ

In this day and age, the courts are still necessary for some divorces. They will always be — because in some cases, there are disputes that can’t be resolved without the intervention of a judge. But in so many other cases, various levels of collaborative divorce are possible, depending on where you live. Finding the right professional to guide you through the collaborative process is the key to getting the full benefits of a constructive divorce.