Frequently
asked questions.
Separating from your spouse can be a challenging and emotional time, and it’s natural to have questions about what lies ahead. Here, you’ll find clear, straightforward answers to some of our most common questions, about the collaborative law process and how it can help you resolve matters respectfully and constructively.
I am considering divorcing my spouse, how can I find out more information about collaborative law?
Please contact any of the members of the MJCLA 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?
If you’re interested in collaborative law but aren’t sure your spouse will be, it can help to explain that this approach focuses on solutions, not fighting. It’s designed to save time, money, reduce stress, and protect important relationships — especially if children are involved.
You can meet separately with an attorney who knows this process inside and out before fully commiting. That way, you can both make an informed choice about what’s best for your family.
The decision to enter the process must be a joint decision, but you need not to commit 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 MJCLA 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.
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.
I am a legal, financial, or mental health professional interested in collaborative divorce, where can I get information on joining your group?
Please contact an officer of the MJCLA to solicit an invitation to one of our open meetings which you may attend while considering membership. The current officers are found here.
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