• Call Us Today: (856) 396-9500

Collaborative Divorce

Collaborative Divorce Law in Cherry Hill, Philadelphia, Princeton, & the Greater Philadelphia Area

Collaborative Divorce is a way to resolve a divorce without litigation. There are many benefits to choosing the collaborative divorce process and working with a collaborative divorce attorney to dissolve your marriage. Collaborative divorce is a process designed to be civilized, sophisticated, creative and respectful for spouses wishing to find a solution to their separation rather than to assign blame. It is for people wishing to amicably separate, divorce and move on with their lives by minimizing conflict and focusing on future goals rather than assigning blame for past behavior and the breakdown of the marriage. In this process the spouses control the outcome rather than the court.

What Is Collaborative Divorce?

The Collaborative Divorce process is a team approach where each spouse has a collaboratively trained attorney to represent his/her interests. A “divorce coach,” who is a neutral professional with a family counseling background, is also a part of the team and helps direct the meetings and facilitates discussions between the spouses. The divorce coach also assists the parents with working out a custody and parenting time plan and better communication for co-parenting. There are a series of team meetings where the spouses and professionals problem solve to reach an agreement that works for both spouses and the children. Other professionals such as financial advisors and child psychologists can be used as joint neutral experts at team meetings in complex situations.

Why Choose a Collaborative Divorce Attorney?

Divorce is not something anyone desires. It is not easy, but using a collaborative divorce attorney makes it less difficult in many instances. When using a collaborative divorce attorney, it is not about winning or losing, but about creating fair and financially secure outcomes for both spouses. Attorneys are natural problem solvers; however, in conventional litigation, they tend to pull in opposite directions. A collaborative divorce attorney, on the other hand, views the other collaborative attorney as a partner in a problem-solving process. The collaborative attorneys guide their clients and encourage the clients to determine the outcome. A neutral financial advisor can also be used to assist with budget concerns, tax issues, business valuations, and overall separation budgeting.

The collaborative attorneys, spouses, divorce coach, and any other professionals who join the team, sign a “Participation Agreement” voluntarily committing to using the collaborative divorce process, rather than litigating in the court. Most spouses who choose the collaborative divorce process are successful in reaching an agreement resolving all issues in their divorce. If however, the process breaks down and an agreement cannot be reached, both collaborative attorneys are precluded from representing their clients in court. If after beginning the collaborative divorce process, one spouse does not want to continue, and decides to file in the court, both spouses must retain new attorneys to litigate the matter in the court system. It should be noted that very few divorce matters that are filed in the court ever reach a trial. That means that most cases are settled by the spouses and their attorneys, prior to a trial and without a Judge making the decisions. Since most cases end up settling without a trial, why go through the emotional and financial pain of litigating your divorce. The collaborative divorce process is a much better option.

Benefits of Collaborative Divorce

There are many benefits to collaborative divorce. The biggest benefit is avoiding court litigation. Because of this, you can remove some of the anxiety the process may cause and your divorce is generally quicker and less expensive. Staying out of court also allows you and your spouse to have more privacy addressing your family issues than you would in an open courtroom. Another benefit is that you avoid vigorous court battles, and in most cases, maintain an amicable relationship with your ex-spouse, which is particularly important if you are co-parenting your children. You have the authority to decide how your divorce is done, rather than a judge, and both spouses must agree to all terms.

FAQs

There are many variables that affect how long a collaborative divorce case will take. First, and most importantly, is the spouses themselves. If the spouses are willing to cooperate and keep an open mind, this can assist in moving the process forward faster than two spouses who may still be emotionally blocked or unable to get along. Second, are the number of professionals involved. If you are utilizing more experts to assist in negotiations, this can add to the length of time to finalize an agreement. Third, the length of the marriage and the number of joint assets and debts, and their complexities, may make the collaborative process longer. A couple who was married for one year and owns one house together will have a shorter collaborative divorce than a couple married for 20 years with 3 houses together. A collaborative divorce attorney can advise you on what to expect. Generally, collaborative divorces are completed more quickly than cases litigated in the court.

A divorcing couple cannot use the same divorce attorney. This holds true for collaborative divorce as well. Although the collaborative process is very open, honest, and informal, each spouse’s interests must be protected by separate collaborative divorce attorneys. Using the same attorney is not permitted because it would be a conflict of interest.

A collaborative divorce follows a certain process for negotiating outside of court that is consistent with the New Jersey Family Collaborative Law Act. Spouses retain collaborative divorce attorneys and a divorce coach who have been specifically trained in the collaborative divorce process. In a collaborative divorce the spouses sign a Participation Agreement pledging to negotiate in good faith to reach a settlement of their divorce issues outside of court. The collaborative attorneys and the divorce coach sign the Participation Agreement as well. Most spouses are successful in reaching an agreement using the collaborative divorce process, however, in the event that the collaborative process breaks down, and an agreement cannot be reached, both collaborative attorneys are precluded from representing their clients in court.

There are no clear guidelines for what constitutes a cooperative divorce. Any attorney can represent a client stating that they will work cooperatively with another attorney, however there is no structured process, or signed agreement pledging to do so, rather it is up to the attorneys what “cooperative divorce” means when negotiating. There is no divorce coach to help facilitate negotiations and communication between the spouses. There is no commitment upfront by the spouses, attorneys, or other professionals to negotiate outside of court, and either attorney can file a Complaint for Divorce at any time in the court. This often leads to a more stressful situation when trying to negotiate.

There are many reasons a collaborative divorce is great for couples with kids. When both parents are working together, it is more likely for an amicable and peaceful agreement where all members of the family feel a better sense of comfort. Additionally, in a collaborative divorce, spouses will work with a neutral divorce coach who can assist in making family-specific recommendations for custody, parenting time and other child related issues. This unbiased view helps keep the children safe and happy during the divorce process. A collaborative divorce attorney will guide you through the process.

A collaborative divorce can be less expensive than a traditional divorce. There is less time and money spent on court and legal fees. While situations vary, an uncomplicated situation would be far less expensive to resolve through collaborative divorce. To make a collaborative divorce as cost effective as possible, it is very important to hire a well-trained collaborative divorce attorney.

Please reach out to Martine, Katz Scanlon & Schimmel, P.A., with offices in Cherry Hill, Princeton and Philadelphia, for questions or inquiries regarding the collaborative divorce process. Their trustworthy collaborative divorce lawyers are experienced in the collaborative divorce process. We will be happy to help you negotiate and finalize your collaborative divorce.