Collaborative Law
- Collaborative Practice has three key elements:
- The voluntary and free exchange of information.
- The pledge not to litigate (go to court) and withdrawal of both attorneys and other team professionals if either party litigates.
- A commitment to respect for both parties’ shared goals.
Frequently Asked Questions
| QUESTION | ANSWER |
| I am considering divorcing my spouse, how can I find out more information about collaborative law? | Please contact any of the members of the JSCLG to learn more about the collaborative divorce practice. All members are interested in providing information concerning how the collaborative law practice can work for you and your spouse. |
| How can I interest my spouse in trying the collaborative law process? | The JSCLG is an association of professionals working to promote collaborative law. Our professionals work independently of each other, so if you pick a professional or firm from our roster to interview about collaborative law, you can encourage your spouse to select a different professional or firm from our roster for a consultation. The decision to enter the process must be a joint decision, but it need not be made until each of you has consulted with an attorney knowledgeable in the collaborative law process. |
| Can you recommend any materials which I can read to learn more about collaborative law? | Yes. The resources portion of our website contains materials that will be of interest. In addition, the JSCLG recommends “The Collaborative Way to Divorce” by Stuart Webb and Ron Ousky. Mssrs. Webb and Ousky have provided training to the JSCLG members, and their book describes the process and its benefits in a very accessible manner. Finally, the IACP website, www.Collaborativepractice.com is an excellent source of information about collaborative law. |
| I am a legal, financial, or mental health professional considering engaging the practice of collaborative divorce, where can I get information on joining your group? | Please contact an officer of the JSCLG to solicit an invitation to one of our open meetings which you may attend while considering membership. The current officers are found here. |
| Is a collaborative divorce legal? | Yes. Once you and your spouse resolve your case through the collaborative law process, a complaint for divorce may be filed in the Superior Court of New Jersey leading to an uncontested divorce hearing. The final judgment in such cases would incorporate your collaboratively reached agreement, giving it the same force and effect as if a Judge decided your matter after a trial. In other words, your final judgment of divorce will operate the same as those entered after litigated cases. The only difference, we expect, will be your level of satisfaction with the result! |