Litigation vs Collaborative Divorce Law



A Respectful Resolution

The heart of Collaborative Practice is to offer you and your spouse or partner the support, protection, and guidance of your own lawyers without going to court. Additionally, Collaborative Practice allows you the benefit of child and financial specialists, divorce coaches and other professionals all working together on your team.


In Collaborative Practice, core elements form your contractual commitments, which are to:

  • Negotiate a mutually acceptable settlement without having courts decide issues.
  • Maintain communication and information sharing.
  • Create shared solutions acknowledging the highest priorities of all.


Collaborative Law Comparison

LITIGATION

COLLABORATIVE DIVORCE LAW

A “win at all cost” system pits lawyer against lawyer, husband against wife. Husbands and wifes, assisted by trained attorneys, reach a settlement with minimal antagonism.
Continuing conflict aggravates existing painful emotions. A structured and controlled setting encourages trust and objectivity in the negotiations.
Legal costs soar. Legal costs can be contained.
As the conflict escalates, children suffer. Parties can protect children’s feelings and interests.
Confidential financial and personal matters become public record and open to scrutiny. Since there are no public hearings, confidentiality is more easily maintained.
A judge divides property and establishes custodial provisions using standards that may not meet families’ particular needs. Attorneys and spouses can craft more creative property agreements and custodial arrangements.
Negotiations all too often take place in crowded courthouses under intense pressure. Negotiations occur in a neutral environment and on a timetable agreed upon by the parties.
Proceedings may be prolonged. Agreements can be reached more efficiently.
Most of the cases settle, but only after damage has been done and substantial costs have been incurred. Parties agree to settle at the outset, in a process
Legal Notice: The information provided on this website is provided for advertising purposes. It is not to be considered legal advice, and nothing in this website shall be deemed to create the attorney-client relationship between the user and any member of the Jersey Shore Collaborative Law Group. No action should be taken based upon the information learned from this website without a personal consultation with an attorney. Before making your choice of attorney, you should give this matter careful thought. The selection of an attorney is an important decision. The attorney's on this site work independently of each other, and their affiliation herein extends only to the promotion of Collaborative Law and the education of the public regarding its use in family court matters.