Collaborative Divorce In Monmouth County

The divorce process is often presented as stressful, drawn-out and highly litigious, but it does not have to be. Many couples are committed to resolving their differences without high levels of conflict so they can complete the divorce process efficiently and cost-effectively.

In New Jersey collaborative divorces, couples commit upfront to resolve all matters without litigating. Both parties generally retain attorneys who are trained and experienced in collaborative divorce to assist them through the process. The attorneys in collaborative divorce typically agree to withdraw from the case if the two sides cannot reach an agreement on any matter and the parties decide to litigate.

Collaborative Law Attorneys Serving Central New Jersey

The experienced family law attorneys at Deitch & Perone, P.C., are thoroughly knowledgeable and trained in the collaborative divorce method and its benefits. We are members of the Jersey Shore Collaborative Law Group who are committed to helping clients through the divorce process so they are in the best possible position financially and emotionally to move forward with the rest of their lives.

You may wonder why lawyers are necessary if the participants determine ahead of time that they can resolve issues without going to court. It’s important to emphasize that the same important issues must be resolved in traditional divorces, including:

• Child custody and visitation
• Division of assets
• Responsibilities for debt repayment
• Spousal support
• Child support

While the parties are committed to resolving matters amicably, there may be differences of opinion and disputes to resolve. We assertively protect our clients’ rights as they work to reach an agreement on these key decisions.

Our firm works with mediators, child psychologists and other specialists who help us resolve matters in divorce. Our experience shows that couples who retain control over child custody, child support and other aspects of their post-divorce lives communicate better after the divorce and are more satisfied in the long term with the outcome. Children also frequently benefit from collaborative divorce because the focus is on their needs.

Frequently Asked Questions About Collaborative Divorce

Below are answers to common questions about the collaborative divorce process in New Jersey:

What role do lawyers play in a collaborative divorce?

Attorneys in collaborative divorce serve as advocates for their individual clients while also working cooperatively toward mutually beneficial solutions. They provide legal advice, help identify priorities, assist with financial disclosures, draft necessary documents and facilitate productive discussions. Unlike traditional litigation, collaborative lawyers focus on problem-solving rather than adversarial tactics. They guide the process toward settlement while making sure their clients’ interests are protected throughout negotiations.

Can collaborative divorce be used if there are significant assets or complex financial issues?

Yes, collaborative divorce is often ideal for complex financial situations. The process allows for bringing in neutral financial specialists, such as accountants or financial planners, who can help analyze assets, business valuations, retirement accounts, tax implications and other complex financial matters. This team approach often results in more creative and comprehensive financial solutions than those typically reached through litigation, where financial details may receive less attention.

How does collaborative divorce address child custody and support issues?

Collaborative divorce places children’s best interests at the center of the process. Parents work together to develop customized parenting plans that consider each child’s unique needs, schedules and development. Child specialists may join the collaborative team to provide insights about children’s needs and help parents develop effective co-parenting strategies. This approach typically results in more detailed and workable parenting arrangements than court-ordered schedules, with greater flexibility to adapt as children’s needs change over time.

Is collaborative divorce legally binding in New Jersey?

Yes, agreements reached through collaborative divorce are legally binding in New Jersey. Once an agreement is finalized, it becomes part of your divorce judgment, making it as enforceable as any other court order. The difference is that you and your spouse, not a judge, determine the terms. The collaborative process concludes with filing the necessary documents with the court to formalize your divorce and incorporate your agreement into a final judgment.

What should I prepare before beginning the collaborative divorce process?

Before starting a collaborative divorce, gather financial documents, including tax returns, bank statements, investment accounts, retirement information, property deeds, mortgage statements, and information about debts and assets. Consider your priorities and goals for post-divorce life, including housing, parenting arrangements, financial security and retirement planning. Reflect on your communication style and be prepared to engage respectfully with your spouse.

Contact Deitch & Perone, P.C.

We can answer your questions about collaborative divorce and other family law matters during a free, no-obligation consultation. We work with clients in Monmouth County and Ocean County and across central New Jersey from offices in West Long Branch and Scotch Plains. Call 732-287-6086 or 732-287-6086 or contact us online to schedule an appointment.