Monmouth County Collaborative Divorce Attorney
Uncontested Divorce in New Jersey – Choose a Peaceful Resolution
Every divorce carries a certain level of challenges and frustrations for spouses, and most importantly, children. In addition, a difficult divorce can be costly, including courtroom fees and other legal expenses. When you and your spouse are able to pursue a collaborative, or uncontested, divorce, it can greatly benefit your family. By engaging in a collaborative divorce, you will focus on creating a settlement that works for all parties involved, limiting the emotional and financial stress.
Our divorce attorneys understand how to handle all types of family issues. We have also received an Avvo rating of 10.0 Superb, which is the highest possible score. For your uncontested divorce case to go as smoothly as possible, it is crucial that you have experienced lawyers on your side. We strive to empower people in Monmouth and Ocean County to lead the lives they deserve.
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Collaborative Divorce in New Jersey
In New Jersey, the role of the attorneys in a collaborative divorce is quite different than in a traditional divorce in that the divorcing couple and the attorneys together make a commitment in writing to never go to court. In the collaborative process, the attorneys all sign a formal agreement that requires that both attorneys withdraw from the case if the collaborative process breaks down and litigation commences. If this happens, both you and your spouse must start all over again and find new attorneys. Neither party can use the same attorneys.
The collaborative process may also involve other neutral professionals such as:
- A divorce financial planner to help with financial issues
- A coach or therapist to help with child custody and other emotionally charged issues
For collaborative law to be successful there has to be full and complete disclosure. So if you have an inherent distrust as to the honesty of your spouse, these processes can have their limitations. If you suspect your spouse is hiding assets/income you need to discuss this with your attorney before determining which process to select.
If your spouse is domineering, and you have trouble speaking up or you're afraid to voice your opinions you will want to be represented in negotiations.
Also, if there is a history or threat of domestic violence (physical and/or mental) towards you and/or your children, mediation and/or the collaborative process may not be a viable option and is not recommended.
Contact our firm to learn more about collaborative law and uncontested divorce in New Jersey.
How Does Collaborative Divorce Work?
A collaborative divorce case starts like any other divorce case.
- The first step is retaining a family law attorney. If you want a successful collaborative divorce, selecting a legal professional with experience in this area is important. Generally, you will meet with your attorney and discuss your goals.
- Assuming your spouse has retained an attorney trained in collaborative divorce, the next step is to have a meeting to confirm the collaborative process and review the Collaborative Law Participation Agreement.
Every step of the process is focused on bringing the divorce process to conclusion. Your time and your money are spent resolving your differences with professionals who are committed to the collaborative process. We are here to ensure that this process moves along as quickly and efficiently as possible. There are as few or as many meetings as necessary to bring the issues to closure. A Matrimonial Settlement Agreement is then prepared, and the parties make the arrangements to finalize the divorce through the legal system, which will include a final judgment and court order.
Will a Collaborative Divorce Really Benefit Me?
In an uncontested divorce, both parties and attorneys make a commitment to attempt to settle the issues without being involved with litigation against the other party.
This means that you will likely experience the following benefits:
- Less time spent in court, if any
- Minimal emotional stress
- Peaceful resolution to a marriage
- Financial savings (compared to extensive courtroom costs)
- Reduced strain on relationships, especially children
You will work through your differences without threats and unnecessary court appearances, on a schedule that you set with the assistance of counsel. You can complete the process with respect for yourself and your spouse and preserve the relationship you will need as you continue to parent together.
Call The Law Office of Darren C. O'Toole, LLC
Our attorneys at The Law Office of Darren C. O'Toole, LLC are trained collaborative law professionals. In fact, Darren C. O'Toole, Esquire is a founding member of the Jersey Shore Collaborative Law Group and a member of the International Academy of Collaborative Professionals.
Ready to talk with our lawyers about uncontested divorce in NJ? Contact us for an initial consultation. We look forward to providing the legal support you need.