NJ Collaborative Divorce: An Introduction

Bedminster • Freehold • Hackensack • Mount Laurel • Parsippany
Collaborative Law 101: An Introduction to New Jersey Collaborative Divorce
H O W C A N W E U S E C O L L A B O R AT I V E L AW TO K E E P O U R D I VO R C E O U T O F C O U R T ?

COLLABORATIVE LAW 101: NEW JERSEY DIVORCE
2
DISCLAIMER
This presentation contains general information and does not constitute legal advice.
Be sure to direct specific questions about your own situation to an attorney.

COLLABORATIVE LAW 101: NEW JERSEY DIVORCE
3
• What is Collaborative Law?
• Why Use Collaborative Law for Divorce?
• How Do We Choose Attorneys?
• Who Are the Members of the Collaborative Team?
• How Does the Collaborative Divorce Process Work?
• What if Problems Come Up After Our Divorce?
Sections

WHAT IS
COLLABORATIVE LAW?
COLLABORATIVE LAW 101: NEW JERSEY
DIVORCE

COLLABORATIVE LAW 101: What is Collaborative Law?
Collaborative Law:
• Collaborative law is an alternative dispute
resolution (ADR) process which is less conflict-
oriented and less stressful than litigation.
• The goal of collaborative law is to find
solutions that provide maximum benefit to
each divorcing spouse, rather than to have one
spouse “win” and the other “lose.”
• Collaborative attorneys work to help parties
reach their own solutions without turning to a
judge to decide matters for them.
An Alternative to Litigation
5

Is Collaborative Law
Different From
Mediation?
• The most popular form of ADR for divorce is
mediation.
• Collaborative law is a newer and different type
of ADR process.
• Both mediation and collaborative law
approach conflict from a healing perspective
rather than from an adversarial perspective.
6

Divorce Mediation: A
Popular ADR Process
• Parties work directly with a neutral third-party
mediator who helps them negotiate their own
solutions.
• Parties generally hire attorneys only as
consultants, and attorneys rarely attend
mediation sessions.
• If parties fail to reach agreements during
mediation, they can proceed to litigation with
the same attorneys.
In mediation:
7

Collaborative Law:
A New ADR Option
• Couples who wish to avoid litigation but feel a
need for more legal support can choose
collaborative law.
• The process is suitable for resolution of all
issues relating to divorce, including:
8
• equitable distribution of property,
• alimony,
• child custody or parenting time, and
• calculation of appropriate child support.

How Collaborative Law
Differs From Mediation
• Unlike mediation, there is no neutral party
overseeing the collaborative law process.
• Attorneys and clients all meet together to
negotiate solutions.
• Additional experts are retained jointly as
members of the collaborative team.
• If parties fail to reach agreement through the
collaborative process, they must retain new
attorneys before proceeding to court.
9

(888) 888-919 Court Plaza South-West Wing. 21 Main Street, Suite 354 I Hackensack, NJ 07601.
Phone: (201) 642-2000
The Collaborative Law Participation Agreement
• The parties sign a Collaborative Law Participation Agreement, promising in writing to pursue only an out
of court settlement.
• The written agreement also includes promises to communicate honestly and completely and to negotiate
in good faith toward a full resolution of all issues.
• The attorneys agree to withdraw from the case if either spouse decides to file any court papers other
than those necessary to complete an uncontested divorce.
10

WHY USE
COLLABORATIVE LAW
FOR DIVORCE?
DIVORCE

Phone: (201) 642-2000
COLLABORATIVE LAW 101: Using Collaborative Law for Divorce
Benefits of Collaborative Law in Divorce
The Process Reduces Conflict
• Litigation tends to increase the stress of divorce, by eroding openness and trust and encouraging spouses
to fight for their own interests and against the interests of the other spouse.
• Collaborative law encourages parties to work toward building mutually beneficial solutions.
• The format provides a safe and confidential setting, allowing both spouses the opportunity to fully
express wants and needs, reducing frustration and fostering a more peaceful and constructive
environment.
12

Phone: (201) 642-2000
• Maintaining privacy can be especially important in
family law disputes, where the details of a case
tend to be highly personal in nature.
• Couples who choose to have a judge decide their
divorce issues must litigate in open court, where
the proceedings become part of the public record.
• In a collaborative divorce, negotiations remain
confidential, and family privacy is protected.
13

Phone: (201) 642-2000
• Attorneys and experts do not make decisions for
divorcing spouses the way a judge does.
• Negotiations help the spouses clarify issues,
identify the most critical points, and achieve
mutually acceptable results.
• Decisions made in negotiations are not binding
until each spouse signs a final agreement.
• Because couples who negotiate their own
agreements tend to be more satisfied with their
results, they are often more likely to abide by
terms.
14

Phone: (201) 642-2000
The Process Tends to Save Time
• Litigation typically takes at least a year and often
up to two years. Some complicated cases drag on
for longer than two years.
• In collaborative law, parties can set their own pace,
rather than being at the mercy of court calendars
and deadlines.
• The time it takes to reach a settlement in a
collaborative process varies depending on factors
such as the preferred pace of the parties and the
number and complexity of issues, but it is often a
more rapid process than litigation.
15

Phone: (201) 642-2000
The Process May Save Money
• The openness of the process removes the need for
time-consuming formal procedures.
• Although there are two attorneys involved in the
negotiations, the attorneys will not have to spend
time preparing for or appearing in court.
• Using joint experts is considerably less expensive
than using competing experts in court.
16

Improves Co-Parenting
Keeping parenting disputes out of
court helps parents preserve or
improve upon the cooperative
relationship that is essential to co-
parenting.
Reduces Future Conflicts
If serious parenting disagreements
continue to arise in the future,
parents can return to attorney-
supported negotiations to resolve
issues out of court.
Is Collaborative Divorce Right for Your Case?
Protects Children Emotionally
Reducing conflict between parents
protects children from feeling
pressured to choose sides, which can
lead to emotional turmoil.
Builds Communication Skills
Parents who collaborate on parenting
matters learn skills that can help them
work through future disagreements
on their own.
The Process Protects Children
17

FINANCIALLY COMPLEX CASES
Joint financial experts can work as
part of your collaborative team in an
open and effective manner.
POST-DIVORCE ISSUES
After your divorce is final, returning to
negotiations can help you resolve
post-divorce issues such as changes in
financial support or parenting
arrangements.
Is Collaborative Divorce Right for Your Case?
SMALLER CASES
Collaboration can facilitate a fair
division of household contents
without expensive court involvement.
PARENTING DISPUTES
Collaborative law can help you
preserve your co-parenting
relationship and explore amicable
resolutions that address children’s
best interests.
18
The collaborative process is suited for a wide variety of situations.

Are you good candidates
for a collaborative
divorce?
The only requirement is a willingness to work
toward mutually beneficial solutions.
19
The process is easiest for spouses who
are already amicable.
Spouses who might have trouble with
mediation due to difficulty
communicating will benefit from the
extra attorney support the
collaborative process provides.
Spouses who still need additional
emotional support can hire separate
divorce coaches.

CHOOSING
COLLABORATIVE
DIVORCE ATTORNEYS
DIVORCE

Phone: (201) 642-2000
COLLABORATIVE LAW 101: Choosing Collaborative Divorce Attorneys
Choosing Collaborative Divorce Attorneys
What Qualifications Should We Look For?
At a minimum, find an attorney who has completed introductory training in collaborative law.
Collaborative training provides practitioners with:
• Basic skills in creating effective and long-lasting solutions to common divorce issues
through collaborative methods, and
• Interdisciplinary team training, in which practitioners interact with mental health and
financial professionals to learn how to provide the most appropriate support services for
the parties and their children.
21

Phone: (201) 642-2000
Choosing Collaborative Divorce Attorneys
What Questions Should We Ask?
Ask your prospective attorney questions about:
• Background, training, and specific experience with
collaborative divorce and other ADR processes,
such as mediation.
• The Collaborative Law Participation Agreement.
• What kinds of experts you will need on your
collaborative team.
• Fees and what the fees include.
• Preparation and filing of the divorce papers.
• The estimated number and length of sessions for
your type of situation.
• Preparation of a Marital Settlement Agreement
(MSA).
• Finalizing the divorce.
22

Phone: (201) 642-2000
Can We Both Use the Same Attorney?
Many people choosing collaborative law think that
since they are so amicable it makes sense for them to
try to save money by using the same attorney, but
this is not possible:
• Regardless of how agreeable you are, you still have
different and sometimes opposing legal rights and
interests.
• It is a conflict of interest for an attorney to
represent two people with opposing interests.
23

WHO ARE THE
MEMBERS OF THE
COLLABORATIVE TEAM?
DIVORCE

Phone: (201) 642-2000
COLLABORATIVE LAW 101: The Collaborative Team
• The collaborative team always includes the parties and their attorneys.
• The team may also include divorce coaches and any additional professionals necessary to properly
evaluate the case.
• In most cases, the parties agree to hire joint experts and share the costs.
• Joint experts generally agree not to serve as witnesses if the case proceeds to litigation, and any expert
reports will not be admissible in court without the agreement of both parties.
• The following types of professionals commonly participate on collaborative divorce teams:
25
THE COLLABORATIVE TEAM
What Kinds of Experts Will We Need?

Phone: (201) 642-2000
• A divorce coach is a mental health professional who helps each divorcing spouse manage emotional
issues as they arise during the collaborative process.
• The coach does not act as a therapist, but does provide emotional support, while also guiding parties in
prioritizing issues and maintaining good communication.
• Depending on how much individual support each spouse needs, divorcing couples can choose either a
joint coach or individual coaches.
• A coach with adequate training in child development sometimes doubles as a child specialist; in other
cases, a separate professional fills this role.
26
DIVORCE COACHES
What is the Role of a Divorce Coach?

The Child Specialist
• If there are custody issues to be decided, the
team will probably include a licensed mental
health professional with training in child
development and family systems.
• The child specialist provides information about
children’s needs and helps parents evaluate
custody options.
• Choose someone with experience working
with parenting issues common to family
reorganization.
What is the Role of a Child Specialist?
27

PENSION APPRAISOR/ACTUARY
Uses statistical analysis to project the
future value of a pension.
VOCATIONAL EXPERT
Provides information about available
jobs that fit education and
experience.
Potential Financial Experts
FINANCIAL SPECIALIST
Ensures appropriate data collection
and addresses potential tax
consequences.
BUSINESS VALUATOR OR
APPRAISOR
Specializes in analyzing business
values and income streams.
28
PROPERTY APPRAISOR
Gives opinions on value of property
like real estate, artwork, or jewelry.

HOW DOES THE
COLLABORATIVE
DIVORCE PROCESS
WORK?
DIVORCE

COLLABORATIVE LAW 101: How Does the Process Work?
The Initial Attorney
Meeting
The parties and their attorneys meet for an initial
conference to discuss important matters such as:
• rights and obligations,
• scope of confidentiality,
• use of joint experts or consultants, and
• how the divorce will be finalized.
30
The parties then sign a collaborative law
participation agreement.

Addressing Urgent
Matters
• As soon as the participation agreement is in
place, the parties and their attorneys discuss
any urgent matters that need to be addressed
immediately.
• Urgent matters may include temporary
financial support agreements or child custody
arrangements.
• The parties and their attorneys then decide
what other types of professionals to include on
the collaborative team.
31

A Series of Four Way
Meetings
• The parties and their attorneys meet as many
additional times as necessary to resolve all
issues.
• Other members of the collaborative team
participate as required.
• The parties exchange all information openly
and efficiently, avoiding the need for any
formal, court-regulated discovery procedures.
• Once all issues are resolved, the attorneys put
together a comprehensive MSA to be filed in
court.
32

Phone: (201) 642-2000
• The MSA is a formal legal document that you both sign and then file with the court.
• Your MSA will include all of the agreements you and your spouse have made and serves to resolve all
issues in your divorce.
• MSA’s are also sometimes called Property Settlement Agreements, but for couples with children, the MSA
includes terms regarding child custody and support as well as property distribution and other financial
matters.
33
The Marital Settlement Agreement
Putting Your Agreements into Writing

Phone: (201) 642-2000
• This depends on what county you are in.
• You will need to complete paperwork for a no-fault New Jersey divorce.
• If neither of you has filed a complaint for divorce prior to pursuing a collaborative process, your attorneys
can file the complaint simultaneously with the MSA.
• In some counties, you will still need to attend a brief court hearing to finalize the divorce.
• In other counties, you can complete the paperwork to finalize the divorce without a hearing.
34
Do We Need a Court Hearing to Finalize Our Divorce?

What if we can’t agree
on everything?
• If you are unable to resolve all of your issues,
you can still go to court.
• Under your collaborative agreement, each of
you will need to retain new attorneys to
appear in court.
35

WHAT IF PROBLEMS
COME UP AFTER OUR
DIVORCE IS FINAL?
DIVORCE

Phone: (201) 642-2000
COLLABORATIVE LAW 101: Post Divorce Modifications
Post Divorce Modifications
What if things change after your divorce is final?
• Child custody and child support orders can be
modified until children are emancipated (deemed
to be independent).
• Alimony is modifiable under certain conditions,
unless your MSA clearly states that it is not.
• All modifications require a substantial change in
circumstances.
37

Phone: (201) 642-2000
COLLABORATIVE LAW 101: Post Divorce Modifications
Post Divorce Modifications
Amending or Enforcing Your MSA:
• The majority of post-divorce issues occur when
one party fails to carry out the terms of the MSA.
• Your MSA can include an agreement that before
either of you files a motion in court, you will
attempt to resolve issues amicably through
mediation or another collaborative process.
38

MORBI MAXIMUS URNA SED VELIT FINIBUS
Do you have other questions?
CALL US: (888) 888-0919 EMAIL US: info@weinbergerlawgroup.com

Bedminster • Freehold • Hackensack • Mount Laurel • Parsippany
Court Plaza South-West Wing. 21 Main Street, Suite 354 I Hackensack, NJ 07601. Phone: (201) 642-2000 WeinbergerLawGroup.com
(888) 888-0919
S C H E D U LE A F R E E CO N F I D EN T I AL CO N S U LTAT I O N
CO N TAC T U S

NJ Collaborative Divorce: An Introduction

Recommended

Recommended

More Related Content

Similar to NJ Collaborative Divorce: An Introduction

Similar to NJ Collaborative Divorce: An Introduction (20)

More from Weinberger Divorce & Family Law Group

More from Weinberger Divorce & Family Law Group (16)

Recently uploaded

Recently uploaded (20)

NJ Collaborative Divorce: An Introduction