Things You Need To Know About The Collaborative Divorce Process

BLOG

Things You Need To Know About The Collaborative Divorce Process

Things You Need To Know About The Collaborative Divorce ProcessSo often, the idea of divorce is associated with long, drawn out court battles. But in reality, the vast majority of divorce matters are settled rather than proceeding to trial. A settlement can be achieved in a number of ways, such as simple negotiation between attorneys and/or clients; litigation followed by mediation; or mediation alone. And then there’s the latest form of alternative dispute resolution to become available, known as collaborative divorce. Many people ask about collaborative divorce, but most don’t understand the details involved in the process.

Collaborative divorce professionals must be specially trained.
In a collaborative divorce, it is common to involve more professionals than simply the attorneys. What type of professionals you might want to include in your case depends on your specific set of circumstances. If one or both of you feels that you may benefit from someone being present for additional emotional support, you may want to include a therapist or counselor. If there are complicated financial issues, you may want to engage an accountant or financial planner. Of course, you will also each be represented by an attorney in this process. What all of these individuals will have in common is that they have been trained in collaborative divorce. An attorney who has not been collaboratively trained cannot participate in the process. Therefore, if you decide that you want to proceed with a collaborative divorce, be sure that you retain a collaboratively trained divorce attorney.

If the collaborative process fails, you must start over with new attorneys.
One aspect of collaborative divorce that many individuals do not know is that if the collaborative divorce fails – meaning that you are unable to reach a resolution to your case – you need to start over with new attorneys. This means that you cannot simply have your collaborative divorce attorney move ahead with litigation by filing a complaint for divorce. You would need to retain entirely new counsel to represent you in that matter.

Collaborative divorce may be more costly.
Due to the fact that additional individuals, such as counselors and financial planners, are required for the process, a collaborative divorce may result in being more costly. You will likely need to pay a retainer – or at the very least, the hourly rate – for all individuals who are involved in the case. In most non-collaborative divorce cases, you pay just for your attorney’s time and perhaps an expert if it’s determined that one is needed.

If you are interested in pursuing a collaborative divorce, contact the attorneys at DeTorres & DeGeorge to schedule a consultation.

Divorce Process Guide
About DeTorres and DeGeorge Family Law

DeTorres and DeGeorge Family Law is a New Jersey based family law firm that has been helping New Jersey residents achieve the best possible results in their divorce for nearly 30 years. The DeTorres and DeGeorge Family Law team is always ready to fight for their clients’ rights – determined to help New Jersey families overcome legal challenges from start to finish. Our legal team, with over 65 years of combined experience, provides expert guidance on all family law and divorce-related matters, including custody and parenting time, alimony and child support, equitable distribution of assets, premarital agreements, post-divorce issues, executive compensation distribution, divorces for business owners, and divorce mediation. The firm has been recognized for its dedication and expertise in the industry by multiple local and national organizations, including Super Lawyers, Law Firm 500, and the American Institute of Family Law Attorneys. Rosanne DeTorres, Managing Partner, is one of 150 lawyers certified as a matrimonial law attorney.

Caitlin DeGuilo Toker
Caitlin DeGuilo Toker joined DeTorres and DeGeorge as an associate attorney in June 2014 and was named a partner of the firm in May 2019.Prior to joining the firm, Caitlin was associated with law firms specializing in the practice of family ...
Share on:

knowledge & insights

THE IMPORTANCE OF SETTING BOUNDARIES WHEN CO-PARENTING WITH A NARCISSIST

A narcissistic parent is someone who is affected by narcissism or narcissistic personality disorder. Narcissistic parents function in a toxic manner, generally implementing tactics of emotional abuse, as they feel threatened by the growing independence of their children.  Narcissistic people...

October 4, 2022 Read More

Group of people watching sunrise

Support Groups for Separation and Divorce

Experiencing separation and divorce can be very difficult to manage at times. The impact of these circumstances can be emotionally overwhelming.  People in the middle of a divorce who are separated from their spouses need to continue to manage their day to day lives, which often involves...

September 23, 2022 Read More

woman with hands covering her face

HOW TO COPE WITH DIVORCE

Learning how to cope with divorce is a necessary part of the divorce process. Identifying how to cope with divorce may not be limited to just the actual divorce process. Coping with divorce may likely encompass coping with separation and divorce as well as coping with betrayal and divorce....

September 22, 2022 Read More

Divorce: The Answers you Need – Before, During & After

Download our eBook today!

  • This field is for validation purposes and should be left unchanged.

Newsletter

  • This field is for validation purposes and should be left unchanged.

follow us
Top