How to Achieve a Non-Judicial Resolution to Your Divorce or Separation
There are several ways you can resolve your divorce or separation. You can hire a lawyer, go to mediation or arbitration, or use the collaborative law process.
Couples seeking a divorce in the State of New Jersey now have a relatively new alternative dispute resolution (ADR) option known as collaborative divorce law. Instead of taking an adversarial stance when dealing with disputes, collaborative divorce nj takes a therapeutic approach. Collaborative law is a divorce settlement process that does not involve going to court. Instead, spouses meet with attorneys to discuss and negotiate their issues. This is a civilized, rational way to resolve a divorce. It is also suitable for couples with children.
Divorce can be a financially and emotionally stressful time for a couple. Collaborative law aims to make the process easier for both parties. However, the process is only sometimes suitable for some couples. Understanding the process’ benefits and drawbacks will help you determine whether it is right for you.
To begin, each party hires an attorney. They each provide information about their financial situation, which will be used to negotiate a separation agreement. These meetings are typically conducted face-to-face.
Each party is encouraged to be as honest as possible. The collaborative process might end, or the case might go to court if a spouse withholds information or is accused of lying if they don’t disclose all the facts.
Divorce mediation is a process that helps you and your spouse work out your differences. It involves a trained mediator who will assist you in settling disagreements you may have had.
Before starting, you should think about what you want to achieve. For example, you may have agreed on the terms of child custody, but you need a plan to divide the money. You can discuss these issues with a mediator, but they won’t be part of your court proceedings.
Mediation is a better way to settle divorce matters than going to court. This is because mediation allows you to take control of the outcome.
The key to a successful mediation is honesty. If you don’t have honest, open communication with your spouse, you won’t have a chance to reach a resolution.
Taking advantage of the mediation process can also save you money. When you meditate, you don’t have to spend money on lawyers, judges, and other court costs.
The arbitration may be a good option if you are trying to settle your divorce or separation out of court. It is often less formal than a traditional divorce trial and can save you time and money.
Arbitration is usually held privately, allowing you to control where it is stored and who presides. You and your spouse can choose which issues to arbitrate, and you can also select the hearing date. This can help you avoid the hostility and expense of a court trial.
The process begins with evidence being presented in compliance with the rules. Both sides can present their arguments, and the arbitrator listens carefully.
After the hearing, the arbitrator will issue a decision. In most cases, this is binding on the parties. However, it can be challenging to appeal a decision.
The arbitration process is not free. Parties must pay for their legal advisors, as well as the cost of the arbitrator. Typically, this means spending thousands of dollars.
You Should Hire a Lawyer
If you are considering divorce or separation, it’s essential to choose a legal representative that’s right for you. You’ll need to find a lawyer who understands the issues you’re dealing with, can help you get the best outcome and treats you respectfully.
A lawyer with experience with your state’s judges can be a helpful resource. They can guide you toward a strategy based on past rulings.
Divorce mediation is another option. It is less expensive and involves less conflict than litigation. However, it doesn’t resolve all of the issues in your divorce.
A mediator can help you discuss the issues with your spouse and work toward an agreement. This process may be less traumatic for you and your children.
You’ll also need to decide how to share custody if you have children. In addition to parenting time, you’ll need to divide your property and debts. These decisions can be challenging, especially if you and your spouse disagree.