A collaborative law divorce is different than mediation in that the collaborative process, the dispute is resolved without litigation pending, such as a complaint for divorce. The way to think of a collaborative divorce is as a team effort. The parties and their counsel meet and discuss the case.
When an expert is needed, the expert is brought in as a neutral professional. This can be a certified public accountant or a mental health professional. Then the mental health professional or the expert then is involved and assists the parties as we move forward.
If either party files for divorce while the collaborative divorce is pending, the process will then be terminated and each party will have to obtain new counsel. There is an evidentiary privilege in a collaborative divorce as well as a mediation that protects disclosure of the communications that occur during the collaborative or mediation process.
If a divorce complaint is filed and the collaborative process stops, by the parties having to then discharge their counsel and start their case over again, it really does encourage the parties to continue in a collaborative law process. An easy way to think of this is this, in the collaborative law process, we deal with the entire divorce before either party files for divorce.
New Jersey attorney Cynthia Ann Brassington is certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney, and regularly helps people to resolve their divorce-related issues, from property division to child support, and custody. To learn more about Cynthia and her practice visit www.LinwoodFamilyLaw.com.
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