Explanation of the Collaborative Divorce Process
In a collaborative divorce, each party hires his or her own attorney. Collaborative divorce attorneys have been specially trained in the process. A Collaborative attorney should be supportive of mediation and understand the negotiation process. An attorney who represents you with the zealous advocate approach that is required in a courtroom will not be as effective when trying to negotiate in a collaborative divorce process.
Clients will meet with their attorney privately at first. It is important to let your attorney know exactly what you want, but should remember that you may have to compromise on some things. You want to make sure that your attorney knows your limits and ultimate goals.
Once both parties decide that they want to handle the divorce using the collaborative divorce process, both parties and their attorneys sign a “no court” agreement that memorializes the parties’ commitment not to litigate the issues and directs that both of the attorneys must withdraw from the case if the case does not settle collaboratively.
Each party and their attorney should confer and discuss the issues before negotiations in order to keep the process running smoothly and to reach the best solution for everyone. Both parties and their respective attorneys meet. This “four-way” meeting will probably occur on a regular basis. Collaborative divorces often include other professionals like divorce coaches, child custody specialists and even accountants. It is important that these individuals are party-neutral so that their input is not influenced by bias.
Sometimes, if the parties are having difficulties reaching agreements, a mediator is brought in to assist with settlement.
Once the issues are settled, a Marital Settlement Agreement is entered into and then the divorce can be filed with the court for what is then a simple, uncontested proceeding.
For questions regarding the collaborative divorce process or any other family law related issue, please contact the attorneys of Ulrichsen Rosen & Freed LLC. Our firm is focused exclusively on the practice of family law and serves clients throughout New Jersey including clients residing in Mercer County, Somerset County, Hunterdon County, Burlington County and Middlesex County.
Both Wendy Rosen, Esq. & Derek Freed, Esq. are certified as collaborative law attorneys at Ulrichsen Rosen & Freed LLC.
