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Collaborative Law
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As a CFP professional focusing on the financial planning needs of divorcing couples, I appreciate receiving referrals from other professionals, especially when it gives me the opportunity to work with another colleague on a particular divorce case. Such was the situation a few years ago when my friend, a local mental health professional, referred me to a couple who were just beginning the divorce process.
Those familiar with collaborative divorce know this type of divorce is based on a team approach; in addition to hiring two attorneys, many couples need to hire a forensic accountant to determine a business’ net worth, a financial neutral to run projected post-divorce cash flow scenarios and even a child specialist to protect the emotional needs of the children.
A surgical team is defined as “A unit providing the continuum of care beginning with preoperative care, and extending through perioperative (during the surgery) procedures, and postoperative recovery. Each specialist on the team, whether surgeon, anesthesiologist or nurse, has advanced training for his or her role before, during, and after surgery.”
While divorcing couples disagree on many issues, they usually agree on the need to keep the costs associated with divorce to a minimum. Couples today are searching for a divorce process that is not only resolution oriented, (while still allowing their respective attorneys to be strong advocates for their clients) but also allows them to keep more of their assets in their pocket.
Couples choosing collaborative divorce agree from the outset not to battle in court. Instead, they sit down with professionals and work out settlements that meet the goals of their families. They pledge that if either spouse wants to bring the dispute to court, both spouses must retain new litigation counsel.
We cannot change the fact that couples will divorce but Mediation and Collaborative Divorce can change the way people divorce.
The term collaborative divorce may seem confusing to a couple who are facing the prospect of ending their marriage. Collaboration is a skill that one or both of them may have abandoned some time ago. But Collaborative Divorce is a strategy designed to save money, privacy and even a little emotional torment, vital if children are involved.
With a collaborative law divorce you create opportunities for an amicable divorce, where low cost strategies are made possible through inexpensive family law divorce advice, effective consultation time, and finally a plan to create a no fight divorce resolution for all parties involved.
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In New Jersey, a separation agreement is any legal document signed by both spouses outlining the terms of the separation. Subjects resolved in a separation agreement can include child support, child custody, debt allocation and asset distribution. Notarizing the document ensures its validity, since there is no such case-type in New Jersey that provides for a "legal separation." Spouses wanting child support during the separation period, however, must file a claim with the New Jersey probation department.
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