Specializing in Family Law, including Divorce, Mediation, Collaborative Law, Custody, Child Support, Alimony, Adoption, Prenuptial Agreements and related issues.

For Divorce Mediation or Collaborative Divorce in New Jersey, Hire Kathryn A. Gilbert Today.

Kathryn A. Gilbert, a divorce mediation specialist in New Jersey, has been practicing all forms of family law for more than 23 years. With her years of experience, she understands how to handle all aspects of your case with a respectful and personal touch, but also knows when and how to aggressively represent your rights. She provides litigated divorce representation, divorce mediation, and collaborative divorce representation in New Jersey. With her personalized strategies and courses of action, she can tailor her efforts as your litigator or collaborative divorce attorney in New Jersey to fit your financial and legal situation.

If You're Looking for a Highly Qualified Family Law Attorney in Bergen County, New Jersey; You've Come to the Right Place.

Ms. Gilbert will offer you practical, understandable and honest advice regarding a contested litigated divorce, divorce mediation or the collaborative divorce process in New Jersey. Her practice is designed to move your case from the initial consultation to conclusion in the most timely and cost-effective manner possible. Allow Kathryn Gilbert to be your Rutherford attorney, Ramsey attorney, Bergenfield attorney, or represent you in Northern New Jersey today by contacting our firm at (201) 487-0900.

Use This Website as a Resource When Choosing A Collaborative Divorce Attorney in New Jersey.

This website will assist you in exploring your options for the divorce process in New Jersey and in choosing the divorce or family law attorney that is right for you. Whether it be a collaborative divorce attorney in New Jersey, divorce mediation in New Jersey, or a fully litigated contested divorce; Kathryn A. Gilbert can help.

For most areas of New Jersey, Kathryn A. Gilbert can be your regional family law attorney. This includes Ms. Gilbert being hired as your Bergen County lawyer, Hackensack attorney, Maywood attorney, or New Milford attorney. She can also handle child custody, alimony, adoption, and prenuptial agreement cases as your North Arlington attorney, Oradell attorney, Paramus attorney, River Edge attorney, or Teaneck attorney.

The New Jersey Divorce Process: Litigation, Mediation or Collaboration?

Fifty percent of all marriages fail, and that statistic rises to a staggering sixty-five percent for second marriages. The good news is that while your marriage may have failed, you can “succeed” at your divorce. By this, I mean that you can keep your costs down and reduce emotional trauma by properly selecting your divorce process. Families, and especially children, suffer more from the divorce process than the divorce itself.

In New Jersey, a spouse merely needs to allege that for a period of six months or more, irreconcilable differences arose that led to a breakdown in the marriage. When one party seeks a divorce on this ground, the other party has no say in the fact that the marriage is ending. However, each party does have a say in all of the issues pertaining to the children and distribution of assets. While it is hard to focus, it is essential that you do not let your emotions cloud your judgment at this crucial time. You need to select the best process to resolve your issues.

A divorce is essentially the disentangling of a “business” partnership with a heavy dose of emotion that often clouds the picture. Many times one party may not want the divorce, or the circumstances that led to the divorce may have created an intensely bitter environment. Sometimes the fear of being alone or handling one’s own finances can be overwhelming. Both parties must extricate themselves from the bitterness and focus on resolving the issues at hand. They must not look back at what they cannot change, but must look forward to addressing future goals and needs.

In New Jersey, couples have three very different options for resolving their differences: mediation, collaboration, or litigation. You must decide which one will most effectively get you where you need to be, since there is not a single option that is right for every divorcing couple.

Mediation

Mediation is a voluntary process of self-determination, meaning that you and your spouse create your own settlement agreement with the aid of a mediator who acts as a facilitator of the negotiations. Your mediator will give you legal information, but not advice. A mediator will make sure all of the appropriate issues are addressed, but cannot declare the agreement fair to either party, as the mediator does not represent either party.
 
Generally (but not always) each party will also have his or her own lawyer to review the final document created through mediation, called the Memorandum of Understanding. This document will form the basis of a Property Settlement Agreement that is ultimately prepared by one of the parties’ attorneys.

The entire process is generally much less expensive and happens completely out of court. You will ultimately appear in court to finalize the matter at a quick hearing, but all of the issues will be resolved prior to the court appearance.

This process is a good option for couples who are amicable, knowledgeable about their joint assets, have a degree of trust in the other, and who prefer to keep their affairs private and save money. It prevents the court from “dictating” terms that quite possibly neither you nor your spouse would be happy with. Both parties must consent to mediation.

Collaborative Divorce

New Jersey has just started to embrace a new and exciting process called collaborative divorce.

If you find yourself headed for divorce or separation and would prefer to proceed in a non-adversarial manner while retaining your dignity, sanity and your money, then collaborative divorce is for you.

In a collaborative divorce, the parties control the process, not the court. You can reach an agreement that is in accord with your family values, while preserving both parties’ relationship with the children and even with each other. It gives you a long-lasting, mutually agreeable, and affordable resolution.

Unlike mediation, both spouses are represented and advised by attorneys who negotiate for each party. It is a less adversarial process than traditional litigation and is focused on compromising and addressing both parties’ needs and concerns in an amicable, goal-oriented fashion.

All meetings are private and confidential. This differs from traditional litigation, where all documents are public records available to your children, nosy neighbors, gossip websites, etc.

Collaborative law is generally less stressful and less expensive, and leads to a better, long-lasting relationship, which is especially desirable when children of the marriage guarantee future interactions with your spouse.

Both parties must be on board with a level of trust and commitment to the process.

Litigation

Sometimes when there is a lack of trust, imbalance of power, domestic violence, or an extremely high level of emotion, litigation might be the necessary option. Litigation is expensive and schedules are generally dictated by the court. With litigation, it usually takes longer to get divorced, and you are afforded no privacy in your proceedings. Unfortunately, it is the only option for some couples.

Litigation may be necessary where a reluctant spouse will not participate in negotiations without being compelled. If there are emergent issues that cannot otherwise be resolved, whether they regard children, support, or immediate and irreparable dissipation of assets, or if you believe that you are otherwise unable to work with your spouse toward the dissolution of your marriage, litigation might be your only option. When your spouse will not consent to participate in either mediation or collaboration, this is the only available alternative.

Each party will be represented by counsel who will seek to advance his own client’s position, while the spouse’s attorney will take a similar stance for his own client. This adversarial process, while often necessary, is the more expensive option. Furthermore, advancing a tough position for a client does not guarantee against an eventual level of compromise, or a less favorable decision from a judge than the party sought.

If an impasse arises in the course of negotiating, the parties have access to the court to resolve their disputes. Prior to trial, courts will only address emergent issues that cannot wait. Most issues, such as a final determination on custody and the division of assets and liabilities, must wait for a final decision by a trial judge. Only one percent of cases in New Jersey actually reach a final trial phase.

Concluding Remarks

For the best result in any of these divorce processes, you must educate yourself on your family finances and be sure to also fully educate your attorney, since he or she can only be as effective as the tools they are provided.

Now that you know your three options, you should pick the process that best suits your style and goals.

55 State St
Hackensack , N.J. 07601
Tel: 201-487-0900
Fax: 201-488-0721