Skip to main content

Collaborative Divorce

By Marina Ginzburg, Esq. 

Sometimes Divorce is inevitable. 

Following that painful decision, parties have to decide how they will go from making the choice to divorce to actually divorcing.

Everyone knows that you can go to court and litigate; many people also know the alternative which is mediation.  There is however a third option now available known as collaborative divorce. The process, although not new, is not as common in New Jersey as litigation and mediation. 
Collaborative divorce is the collaboration of groups of experts that guide you through the divorce process without the intervention of the courts and with you and your spouse being in control of the outcome. The collaborative divorce “team” can consist of a financial expert, collaborative law trained attorneys for you and your spouse as well as a psychotherapists and accountants. In the end this process should be faster and cost you less then litigation. The most important aspect of this process is that you are not dealing with it alone, as you have a group of experts to guide you and you are in charge of your final agreement.


For more information about Collaborative Divorce contact our office at (201) 880-5563.

Comments

Popular posts from this blog

Establishing Consumer Fraud Claims in New Jersey

The New Jersey Consumer Fraud Act purpose was to combat sharp practices and dealings that victimized consumers by luring them into purchases through fraudulent or deceptive means. It was expanded to allow a private right of action for consumers that are victims of violations of the CFA. The private right of action included provisions that allowed for entitlement to treble damages, reasonable attorney’s fees, and reasonable costs of suit. In a cause of action asserting a violation of the NJ Consumer Fraud Act a plaintiff must prove:     1) unlawful conduct by defendant;     2) an ascertainable loss by plaintiff;     3) a causal relationship between the unlawful conduct and the ascertainable loss.       D’Agostino v. Maldonado , 216 N.J. 168, 183-184 (2013) (quoting Bosland v. Warnock Dodge  Inc ., 197 N.J. 543, 557 (2009)). If the plaintiff is successful in establishing his/her cause of action, the plaintiff is entitled to treb...

Harassment and Domestic Violence in New Jersey

Harassment can constitute a basis for the issuance of a restraining order if the statutory elements are satisfied. See N.J.S.A. 2C:33-4. The statute defines harassment: Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he: a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm; b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person. [N.J.S.A. 2c:33-4 (emphasis added).] As provided by the statute, a finding of harassment requires proof of an intent or purpose to harass. State v. Hoffman , 149 N.J . 564, 576-77 (1997). An assertion by a plaintiff that he or she felt ha...

When do I need to Probate A Will in New Jersey?

PROBATE AND WILLS IN NEW JERSEY As Estate Planning Attorneys in New Jersey we often get asks whether probate is necessary if the decedent has a Will.  To better answer this question we need to know what is probate.  Probate is the process which permits an executor to transfer assets as directed by a decedent in their Last Will & Testament to the beneficiaries in accordance to the decedent's Will.  In order to make a determination of which decedent's assets must go through probate, we need to determine the tittle in which the asset is held. Assets held in the name of the decedent alone such as real estate, personal property and monies owed to the testator will generate be transferred through probate.  There is however a caveat in this situation as to some financial firms provide beneficiary designation forms which may transfer these accounts without probate. Assets held by the testator and another person jointly, with a right of survivorship, are said to be ...