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What Is Collaborative Divorce In New Jersey?

While many New Jersey divorce cases become contentious with both sides fighting over everything from custody of children to property to assets, there are circumstances under which a divorce is not an endless battle between the participants. In a collaborative divorce, the parties reach their agreement in an amicable, gentle manner.

With a collaborative divorce, the intention is for both sides to enter into non-adversarial negotiations so that they can agree on all the issues in the divorce. This includes the division of the assets, property, who will care for the children, where the children will live, what the alimony and child support payments will be among many other issues. Is short, the collaborative process is meant to take the endless disputes that are a part of many divorces and either eliminate them or reduce them significantly.

What Happens In A Collaborative Divorce In Ocean County?

collective divorce

With a collaborative divorce, the spouses will come to an agreement on the foundational issues regarding the divorce with the help of professional collaborative attorneys. The lawyers will help their clients to decide on how the marital assets will be split, where the children will live, and all other factors that need to be negotiated. The spouses will meet with their lawyers separately, and then the sides will gather together at a four-way conference to discuss their particular positions and come to solutions on how to achieve their desired results with the divorce. Other experts such as accountants or those who are experienced with child custody might take part in a collaborative divorce as well to lend a hand.

It is customary that a collaborative attorney will not continue representing the client in the event that the effort to reach an agreement in a collaborative divorce fails. The purpose of a collaborative divorce is to complete a divorce agreement without having to go to court. Divorce court is a place for divorce litigation attorneys whereas collaborative attorneys have a goal of settling the case to the satisfaction of both spouses rather than entering court to go before a judge.

If there is an agreement on the terms of a divorce stemming from the negotiations in a collaborative setting, a family court judge will be required to sign off on the deal. As soon as there is an agreement, the divorce will quickly be finalized without the arguing and costs that accompany a conventional, in-court litigated divorce proceeding.

How Can A Collaborative Divorce Be Beneficial In New Jersey?

The collaborative process is meant to keep the sides on good terms on a post-divorce basis. It reduces the amount of conflict and the costs associated with a divorce. It will keep the spouses' situations stable rather than not knowing what's going to happen next as would be the case in a divorce litigation. The sides will share information on a voluntary basis rather than having to be forced to produce information through the discovery process. The end result will have to be agreed to by both sides, so each will be pleased with how the case is ending. The issues that are usually a concern after the divorce will also be taken care of beforehand.

Speak With A Monmouth County Collaborative Divorce Lawyer today!

Not every divorce has to be a long, drawn-out process that has both sides entrenched in their positions and fighting over the last pieces of the marriage to the satisfaction of neither. Some people would like to remain on good terms with their spouse even if there is a divorce and are not interested in having a scarring courtroom battle that will harm the relationship and the children's relationship with each parent. For couples who are willing to be reasonable and are interested in saving time and money while not demonizing the other spouse, collaborative divorce is a sound option. If you or a loved one are in the midst of a divorce or considering a divorce in Rumson, Red Bank, Little Silver, Shrewsbury or any other New Jersey town and feel that you would benefit from a collaborative divorce, the collaborative divorce attorneys at the Law Firm of Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey are here to help.  Managing Partner Vincent C. De Luca is one of the founding members of the Jersey Shore Collaborative Law Group, the first collaborative law group that was formed in the State of New Jersey.  He perviously served as the group President and was also a member of the Executive Board of the group for a number of years.   Mr. De Luca has many years of experience practicing Collaborative divorce law.  He is one of only a few Collaboratively trained divorce lawyers that practice law primarily in Ocean and Monmouth County, New Jersey. 

Other Resources For Collaborative Divorce

Seperating Marital Property

Shared Parenting In New Jersey Divorces

New Jersey Divorce Process

Psychological Stages Of Divorce


Whether you are from Monmouth County, Ocean County or anywhere else in New Jersey, the lawyers at Villani & DeLuca, P.C. can help. Call 732-965-3404 today to learn about a New Jersey collaborative divorce!

Vincent DeLuca, Esq.

As a founding partner at Villani & DeLuca, Vincent DeLuca is one of only a few Certified Matrimonial Law Attorney in Ocean County, New Jersey. Mr. DeLuca has helped many clients navigate the delicate details of their own divorce. Mr. DeLuca is also a trained divorce mediator and collaborative divorce attorney. Call today at (732) 965-3404 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.

Office Location

703 Richmond Avenue
Rt. 35 South
Point Pleasant Beach, NJ 08742
(732) 965-3404
(732) 892-9053 (fax)

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