Experienced Cooperative Divorce Attorneys
Divorce is stressful. Ending a legal marriage is sure to have a lasting impact on you and your family, both emotionally and financially. There are financial matters to resolve and potential parenting and/or support issues as well. Each divorce situation varies in complexity and it is important to hire professionals to help minimize disputes and alleviate as much stress as possible for you and your family.
Cooperative divorce settlement is a peaceful approach in which each party finds an attorney who will work directly with the other party’s attorney to reach an agreement and resolve the dispute.
How Does Cooperative Divorce Differ From Collaborative Divorce?
Often the term “cooperative divorce” is confused by “collaborative divorce”. While their intentions are similar, they are not the same. Collaborative divorce refers to a formal process of dispute resolution used by parties to resolve the issues of their divorce without the court being involved. In a cooperative divorce, both parties do commit to working together in a reasonable way to negotiate and reach a mutual agreement. Alongside their lawyers, divorcing spouses seek to work in a way that minimizes conflict to achieve a settlement that will be acceptable to both parties.
The primary difference between a collaborative divorce and a cooperative divorce is that in Cooperative Divorce the attorneys are not required to sign an agreement requiring them to withdraw as counsel should the cooperative divorce process fail, and litigation be required. Neither party is prevented from filing in court to resolve challenges that may arise during the cooperative divorce process. Proponents of cooperative divorce suggest that you are best suited to leave this option available to you. The goal, of course, is to avoid litigation altogether and resolve your case through peaceful negotiation and mediation. If things do not go as planned, your divorce attorney can then continue to represent you through the next stages of the legal process. Despite your best intentions, there is no way to predict how the negotiations will go, and you may require the help of the court process in order to protect yourself and your best interests. You also may not want to participate in meetings with your spouse, which makes cooperative divorce a healthy option for giving space during this process.
This divorce approach is used by those parties who find it easier to speak up for their needs and interests using an attorney advocate to work with their spouse’s attorney advocate in the context of constructive settlement negotiations. Unlike traditional negotiation in which each side views the other as an “adversary” to conquer, constructive settlement negotiation consists of joint problem-solving and respect for each side’s needs, interests, and priorities above “winning.”
What Are The Benefits To A Cooperative Divorce?
Just like collaborative divorce, cooperative divorce can cut down the stress and expenses relating to divorce. Many people believe that these divorce options will not fully benefit them as with going to court, but this is not true – in many cases, you can get the best results.
Cooperative divorce stabilizes the situation through a temporary agreement that you reach together, minimizes expenses, allows for you exchange information in a private manner, helps you negotiate a settlement, and helps you decide how you wish to handle post-divorce decisions.
Joint Experts Help Alleviate Disputes
Joint experts usually play an important role in a cooperative divorce process. For example, in complex financial cases, the parties will typically agree to the use of a joint financial expert to analyze the financial issues in the case. Where the parties have children, Child Specialists may be asked to help parties reach agreements on parenting issues in a manner that is in the best interest of their children. These joint experts are critical in helping parties reach a negotiated settlement when the court is not involved.
Call Berner Law & Mediation Group Today To Learn More About Cooperative Divorce
If you are headed toward divorce or are currently in the midst of one, you may have exhausted all of your possible options, at least to your knowledge. You may not know which type of divorce is right for you or for your family.
Cooperative divorce settlement allows for efficient work and effective representation during the dissolution of a marriage. In every case, cooperation decreases costs and promotes lasting resolutions for your family.
At Berner Law & Mediation Group, we are here to help guide you through the complexities of the divorce process. To find out more about the cooperative divorce process, call our New Jersey or New York office to schedule a consultation with an experienced divorce lawyer.