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Kathryn A. Gilbert -NJ Collaborative Lawyer


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If your search for divorce lawyers includes finding a way to end your marriage in a non-adversarial manner, then you may want to consider the services of a NJ collaborative Lawyer whose mission is to help you and your partner achieve your long-term goals with the least amount of acrimony and financial hardship.

With the collaborative law process you create opportunities for an amicable settlement, where low cost strategies are made possible through inexpensive family law divorce advice, effective consultation time, and finally a plan to create a no fight resolution for all parties involved. Regardless of your situation, it is possible to reach an agreement that is in accord with your family values, preserves both parties relationship with the children involved in the situation, and often, even with each other, long after your divorce is final.

There are many benefits to a collaborative process. First, a collaborative attorney can help you obtain an inexpensive fast divorce, where you and your partner achieve a long lasting, mutually agreeable and affordable resolution that is a product of your own decisions. In addition, when working with a collaborative attorney, all of your meetings are private and confidential, as opposed to traditional divorce litigation where all documents are public records available to your children, nosy neighbors, gossip websites, and more.

While involved in the collaborative process you are still represented by your own attorney, yet the process is non-adversarial and less expensive than traditional litigation. You spend your time resolving the issues instead of paying your lawyer to sit around a courthouse waiting for your matter to be heard. After all, do you really want to spend your children's college tuition money and delay your retirement just so you can afford a high-priced lawyer to 'beat up' on your spouse?





PROS & CONS OF A COLLABORATIVE DIVORCE


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It enables the divorcing couple, not a judge, to determine the terms of their settlement.It encourages mutual respect.It focuses on the needs of the children. It keeps private information out of the public domain, unlike in a traditional divorce. It usually costs less and takes less time than a traditional litigation.
It establishes a team approach instead of adversaries. Your lawyer supports you; your spouse's lawyer supports your spouse. But you all work together in formulating resolutions to your marital difficulties and, in doing so, retain control of the process. Nothing gets resolved in a collaborative process unless you agree to it. In matters requiring expert opinions, both parties can jointly hire one independent consultant. That helps shorten the duration of the case and reduce the overall expense. You and your spouse shape the agreements together -- which means you both are more likely to abide by them in the future. Such an arrangement diminishes the parental conflict the adversarial litigation system tends to generate, and helps protect children from facing the anguish and divided loyalties that result from going to "war". You can schedule meetings with all parties without waiting for court dates. That means you generally spend less time and, as a result, less money to achieve your goals of emotional and financial closure. It also means you eliminate the fear and anxiety associated with court proceedings.
First, both spouses meet with their respective Collaborative attorneys to discuss individual needs and concerns. Then, the couple and their attorneys meet in a series of four-way sessions to reach a settlement without involving the court. Every issue - including property division, parenting time allocation, and financial support - are discussed in these sessions. At times, on an as needed basis, other professionals including Mental Health Professionals and Financial Experts may become part of the “team” to assist couples in reaching amicable resolutions. Divorcing parties benefit from the skills, advice, and support of attorneys and other professionals experienced in the collaborative process while striving to work things out in a positive, future-focused manner. When a settlement is reached, attorneys file the appropriate paperwork required by the court, and the divorce is then finalized on an uncontested basis.
In the event the parties are unable to arrive at a settlement through the Collaborative Law Process, the lawyers withdraw from the case and the parties are free to retain trial attorneys to pursue their matter in court. The result is that the parties will have the best representation for each phase of the proceeding, and probably save time spent in a subsequent, costlier trial.
Your issues stay within the collaborative law setting. That gives you more privacy and greater confidentiality -- and less stress during an already stressful time. Collaborative family law focuses on all involved parties reaching a mutually agreed upon settlement of their disputes. The process results in valuable benefits, such as, the ability to continue to communicate with your spouse for the benefit of the children at the conclusion of your divorce. It creates a cooperative environment where communication remains open, which provides a setting where you can work with your spouse to meet your children's needs -- regardless of their ages. That helps set a tone for open communication and reduced conflict in the future.
Your issues stay within the collaborative law setting. That gives you more privacy and greater confidentiality -- and less stress during an already stressful time. Collaborative family law focuses on all involved parties reaching a mutually agreed upon settlement of their disputes. The process results in valuable benefits, such as, the ability to continue to communicate with your spouse for the benefit of the children at the conclusion of your divorce. It creates a cooperative environment where communication remains open, which provides a setting where you can work with your spouse to meet your children's needs -- regardless of their ages. That helps set a tone for open communication and reduced conflict in the future.
Divorce is a life-changing event for you and your family. During this time of high stress, you may have some of these or related concerns: How can I protect my children's best interests? How can I maintain control of the process and get a fair outcome? How will I get through this experience safely? A Collaborative Divorce Team, with both attorneys and mental health professionals, offers the support and expertise to guide you to the best possible outcome, allowing everyone in the family to move forward. Most, if not all aspects of getting a divorce, have the potential to stir up deep feelings which need to be understood so that they do not negatively impact the outcome.
It is not for everyone, particularly parties unwilling to negotiate. If a settlement cannot be reached, the couple's attorneys are required to withdraw from the case, and the parties would need to hire new attorneys to bring their case to court.

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