Collaborative Divorce: A Better Way to End Your Marriage

When a married couple decides to divorce, the process can be emotionally exhausting and financially draining. Fortunately, there is an alternative: collaborative divorce. At Spodek Law Group, our experienced collaborative divorce attorneys in Bergen County, NJ, can help couples navigate this process with the utmost care and attention to detail. Our goal is to help divorcing couples achieve their objectives without compromising their mental health or finances.

What is Collaborative Divorce?

Collaborative divorce is a process in which both parties and their attorneys work together to achieve a resolution to their divorce case. The process is designed to be non-adversarial, and the focus is on creative solutions that meet the needs of both parties. Collaborative divorce allows for open communication, voluntary exchange of information, and confidentiality. Instead of each spouse’s lawyer communicating only with their client, the conversation is among both spouses and their attorneys. Collaborative divorce may also include neutral professionals on the collaborative divorce team.

Goals of Collaborative Divorce

The goals of the collaborative divorce process are to achieve a low-conflict, mutually agreeable settlement agreement. This process encourages polite interactions and creative solutions. The collaborative divorce process allows for non-adversarial conflict resolution, which focuses on the best interests of the divorcing couple and their family.

Issues Resolved through Collaborative Divorce

Most issues can be resolved through the collaborative divorce process, including child custody, child support, parental relocation, alimony, division of assets, and implementation of pre-nuptial or post-nuptial agreements. At Spodek Law Group, our collaborative divorce attorneys focus their practice on New Jersey family law and can handle all aspects of a divorce in a collaborative divorce process.

Child Custody and Child Support

In New Jersey, divorcing couples with children must have a Parenting Plan that addresses parental responsibility and time-sharing. Parenting plans can serve other purposes for children with special emotional or mental health needs, outlining healthcare and medical decision-making processes for parents to use. In the collaborative divorce process, mental health professionals consult individually with each parent to develop a plan in the best interest of the child. Child specialists can also help resolve disputes over parental relocation. Child support, or financial support of the child, is also addressed by a parenting plan. In a collaborative divorce, spouses agree to a full exchange of all information, including information related to their finances. In New Jersey, child support is calculated using the New Jersey Child Support Guidelines, but families can deviate from the Guidelines to meet the family’s needs.

Alimony

Alimony, or spousal support, is money paid by one spouse to the other spouse. Alimony helps the receiving spouse stay in the lifestyle they enjoyed during the marriage. In New Jersey, the amount of alimony, and the length of time it is paid, depends on the length of the marriage. The right to receive alimony can end on the occurrence of a certain event, such as the receiving spouse’s remarriage or when financial circumstances change. A financial professional can build an alimony schedule that works for both parties. Alimony can be designed to support the spouse through their education or job training. Once the education or job training is complete, the alimony may end by mutual agreement.

Dividing Property and Debts

New Jersey courts use the principle of equitable distribution to divide marital property, which is property purchased during the marriage. Marital property is divided fairly, under the principle of equitable distribution, but it is not necessarily divided equally. New Jersey courts consider several factors when dividing debt in divorce, including the length of the marriage, the income and earning capacity of each party, and the standard of living during the marriage. In some cases, parties may be willing to compromise on the division of property and debt, and our collaborative divorce attorneys at Spodek Law Group can help clients reach optimal settlement agreement terms.

The Collaborative Divorce Team

The collaborative divorce process is a team effort. Divorcing couples should understand who will be on the team and each player’s role in the process. The collaborative divorce team includes collaborative divorce attorneys, certified financial planners, mental health professionals, and child specialists or parenting consultants.

Collaborative Divorce Attorneys

Collaborative divorce attorneys ensure adherence to the commitment of transparency. At Spodek Law Group, our experienced family law attorneys know how to get full disclosure. We have the tact and discretion to get the needed information. An experienced family law attorney can offer legal advice to their client throughout the collaborative divorce process. In a collaborative divorce, both attorneys agree to withdraw from the case if mediation breaks down.

Certified Financial Planner

Certified financial planners can help parties maximize the value of their assets. They can calculate the amount of alimony needed for a spouse to finish education or job training and assist in the division of complicated financial interests.

Mental Health Professional

Mental health professionals can support multiple efforts in the collaborative divorce process. Divorcing couples may want to avoid the adversarial court-ordered custody evaluation. But, when there are mental health concerns, a mental health professional can help. They can counsel the parties in collaborative divorce and make recommendations related to child custody.

Child Specialists or Parenting Consultants

Child specialists or parenting consultants support family bonds. Disputes will inevitably arise in co-parenting, and parenting consultants help parents develop methods to resolve them.

How Collaborative Divorce Works

The collaborative divorce process unfolds over a series of meetings. The collaborative divorce team tailors the meetings to meet the needs of divorcing couples. A typical collaborative divorce process includes information-gathering sessions, outside “homework” for the parties, individual consultations between each party and the neutral professionals, and outside team meetings. Our experienced collaborative divorce attorneys at Spodek Law Group work with our clients to help them understand the law and a strategy that focuses on their needs. The collaborative divorce process is issue-based and not position-focused. When parties and professionals focus on how to resolve the issues in a way that satisfies each party’s “why,” innovative solutions come about. In an open and honest process, each party gains confidence in the agreed-upon solution.

Is Collaborative Divorce Right for You?

Choosing the collaborative divorce process may not be suitable for all cases. If you are considering a collaborative divorce, you should reach out to Spodek Law Group. Our experienced family law attorneys can advise you whether it’s likely to work in your case. Cases where divorcing couples harbor resentment, cases where domestic violence is involved, and cases where one spouse has full control over the finances may not be suitable for a collaborative divorce. If a spouse has a history of dishonesty, it may be futile to attempt a collaborative divorce. The collaborative divorce process, when it works as intended, saves time, money, and emotional energy. It can also help maintain a co-parenting relationship.

Representing Clients in Collaborative Divorce Proceedings Across Bergen County

At Spodek Law Group, our collaborative divorce attorneys are proud to represent clients in collaborative divorce matters throughout Northern New Jersey. We regularly handle these types of cases for clients in Teaneck, Englewood, Ridgewood, Tenafly, Franklin Lakes, Upper Saddle River, Allendale, Old Tappan, Hohokus, Saddle River, and other areas. Our skilled collaborative divorce attorneys have a reputation for professionalism, and we handle each case with the utmost care and attention to detail.

Contact Our Bergen County Collaborative Divorce Attorneys for Help

At Spodek Law Group, our experienced collaborative divorce attorneys can advise you on whether the collaborative divorce process is right for your case. We are dedicated to helping Bergen County, NJ families achieve their goals and minimize the negative impact of divorce. Our attorneys handle each case with a personal touch and attention to detail, and we work closely with our clients to develop a strategy that focuses on their needs. We understand the emotional and financial toll that divorce can take on a family, and we are committed to helping our clients achieve the best possible outcome.

Contact our law firm today to schedule a consultation with one of our experienced collaborative divorce attorneys. We are ready to advise you about your legal options, the collaborative divorce process, and how our firm can help you.