Bergen County NJ Divorce Attorney
If
you are seeking the best legal support or advice regarding
divorce or legal separation, you've come to the right place:
Kathryn A. Gilbert is one of northern New Jersey's highest qualified
divorce attorneys, divorce mediators, and collaborative law
professionals, with more than two decades of solid
litigation and mediation experience and a dedication to her
promise to explore and fully respect every aspect of your
case with personalized attention and an aggressive
representation plan.
When you need
to choose from among a long list of family attorneys to help you address the
tangled set of issues that divorce law and divorce court involve, you need
advice from an experienced divorce attorney or mediator. No one really thinks
about how to divorce when they enter into a legal separation and if you have
exhausted your options for trying to save your marriage, you understand that the
decision to get a divorce can be painful and complicated.
Kathy Gilbert has made a career of provide caring,
expert divorce advice to her clients, preparing
settlement agreements; creating a roadmap for
prenuptial agreements, spousal support; child
custody, alimony, and child support issues for a
wide range of clients across Bergen County, NJ. and
beyond.
Through her winning set of divorce litigation and
mediation strategies, coupled with an effective and
personalized course of action, she can tailor her
efforts to fit your financial and legal separation
issues, regardless of whether you need
representation through a simple divorce mediation, a
collaborative divorce, or a contested divorce. Her
practice is designed to move your case from the
initial consultation to conclusion in the most
timely and cost-effective manner possible.
If you are
contemplating divorce or simply need support in establishing a legal separation,
allow Kathy Gilbert to help by providing you with the services and
representation your case deserves, backed by the degree of solid legal
experience and knowledge that only a trusted and caring divorce attorney,
divorce mediator, or collaborative lawyer can offer.
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. This means 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 may be
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.
Divorce Mediation, Divorce Collaboration, How to Divorce, Divorce Advice, Alimony, Child Custody and Support, Prenuptial Agreements, Divorce Litigation and More
A divorce is
essentially the disentangling of a "business" partnership with a heavy dose of
emotion that often complicates 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.
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 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.
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
Useful Resources:
KAGilbertLaw is a Bergen County, New Jersey Divorce Attorney. Our main offerings include: Collaborative Divorce Attorney Services and Divorce Mediation Services by an experienced Divorce Mediator in Bergen County, New Jersey or anywhere else in the state.
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We serve the following States, Cities, Zip Codes and Counties:
New Jersey (NJ), Bergen County, Hudson County, Passaic County, Hackensack 07601, Bergenfield 07621, Cliffside Park 07019, Dumont 07628, Edgewater 07020, Elmwood Park 07407, Emerson 07630, Englewood 07631, Englewood Cliffs 07632, Fair Lawn 07410, Fairview 07022, Fort Lee 07024, Franklin Lakes 07417, Garfield 07026, Glen Rock 07452, Harrington Park 07640, Hasbrouck Heights 07604, Ho-Ho-Kus 07423, Leonia 07605, Little Ferry 07643, Lodi 07644, Lyndhurst 07071, Mahwah 07495, Midland Park 07432, Moonachie 07074, New Milford 07646, North Arlington 07031, Northvale 07647, Norwood 07648, Oakland 07436, Old Tappan 07675,Oradell 07649, Palisades Park 07650, Paramus 07652, Park Ridge 07656, Ramsey 07446, Ridgefield 07657, Ridgefield Park 07660, Ridgewood 07451, River Edge 07661, River Vale 07675, Rochelle Park 07662, Rockleigh 07647, Rutherford 07070, Saddle Brook 07663, Saddle River 07458, South Hackensack 07606, Teaneck 07666, Tenafly 07670, Upper Saddle River 07458, Waldwick 07463, Wallington 07057, Twp of Washington 07676, Westwood 07675, Woodcliff Lake 07677, Wood Ridge 07075, Wyckoff 07481, Bogota 07603, Carlstadt 07072, Allendale 07401, Closter 07624, Cresskill 07626, Demarest 07627, Haworth 07641, Hillsdale 07642, East Rutherford 07073, Montvale 07645
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 Kathryn A. Gilbert, Attorney
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