Collaborative Divorce Lawyer Based In Spring Lake Monmouth County NJ
Collaborative Law or Collaborative divorce is an alternative form of dispute resolution designed to foster the resolution of divorce and family law-related issues
respectfully and equitably, without court intervention. Like mediation and arbitration, it takes place outside of the purview of the court system to reach a fair settlement, but without the pressure and uncertainties that accompany litigation. At Campi Family Law, we offer Collaborative Law services. If you are in Monmouth County, NJ, consider a consultation at our Spring Lake office.
Our Collaborative Law practice is different from other approaches to divorce in that it promotes respect and enables spouses to be in control of the divorce process. The goal is to address each couple’s unique concerns and advance each party’s interest without reference to the often arbitrary, one-size-fits-all resolutions available through the Superior Court.
Collaborative Law | Lawyer in Monmouth County NJ
With a Collaborative Law approach, the parties select an attorney of their own choosing and commit to working outside of the court system to develop a settlement in the matter. Because the clients agree not to go to court, the process itself can be more open and less adversarial. The lawyers are used in a much more focused way in their capacity as problem solvers and knowledgeable divorce professionals. The goal is to enhance communication throughout the process and lay the groundwork for a healthier post-divorce relationship between the parties.
Unlike litigation, a collaborative divorce gives the parties control of when, where, how often, and how long they need to meet for each negotiation session. In addition, collaborative divorce professionals are always looking for a way to advance both parties’ interests in a mutually beneficial way. The win-lose mentality of litigating in court is dispensed with in favor of a collaborative team working with each other, not against each other, to craft a mutually beneficial solution. Often, the first step of the process is to create a framework for effective communication, to enable the building of a fair settlement, and the trust for both parties to commit to it.
Common Questions We Field About Collaborative Law and/or Collaborative Divorce
Question: Is Collaborative Divorce the same as Mediation?
Answer: The answer is yes, but with a caveat. The parties agree that if either wishes to get out of the process, they must fire their existing attorney and hire new ones. For that reason, I will proceed in a collaborative fashion with another attorney and our clients, but I will not enter into an agreement that requires our clients to hire new attorneys. One, it is costly to do so. Two, the new attorney would need to become acquainted with your file. I have several cases a year where the opposing attorney and I will enter an initial “cut off” agreement and proceed out of the court system for the entirety of the case until such time as we conclude it via the execution of a Marital Settlement Agreement. At that time, one party would file the Complaint for Divorce, attaching the executed agreement, and the parties would be divorced without ever seeing the inside of a courtroom.
Question: Do I still need my own lawyer, or can we just use one together?
Answer: In a collaborative case, you cannot have one lawyer. You both would need to be represented independently.
Question: Is collaborative divorce faster or less expensive than going to court?
Answer: Absolutely. You avoid all court appearances and related costs, and depending on the motivation of each client, the process is shorter than litigating in the court system, where the average case takes more than a year to settle.
Question: Why should I choose collaborative over other methods?
Answer: You are represented by an attorney of your own choosing who advocates for your interests. The collaborative law process is less expensive and less contentious because you are out of the court system. You and your spouse take control of your outcome, not a judge who does not know you. Experts, as well as mediators, can still be retained if needed during this process. The collaborative process works best when the parties have an equal power dynamic and are somewhat amicable. If there is an unequal power dynamic, this process is usually not recommended.
Question: What happens if we cannot reach an agreement, or my spouse stops cooperating?
Answer: Since I do not permit clients to include a provision allowing them to terminate their Collaborative Divorce attorney, any impasse in settlement negotiations would result in filing a Complaint for Divorce (along with any necessary motions). The case would then proceed as a litigated matter.
