Litigation, Collaborative Divorce, or Mediation

Categories: Divorce & Family Law

Conflict between the man and the woman

Ending a marriage is usually an emotionally difficult, financially stressful process that begins much earlier than the actual divorce proceedings. When couples seek legal counsel for divorce, they have often been working through these difficulties for months, if not years. The underlying circumstances are unique for every divorce, making a one-size-fits-all divorce ineffective for most couples. There are several methods of obtaining a divorce, and researching which option is best for you is immensely helpful to the entirety of the process.

Litigation. The “traditional” idea of divorce, litigation takes place in the courtroom, in front of a judge, and provides the opportunity for the arguments of both spouses to be heard. Additionally, if you are unhappy with the outcome, you are able to appeal the decision. Trials can be long and expensive, and divorce litigation is a public affair. However, when spouses disagree and cannot resolve their conflicts, litigation is often the best option. Temporary orders regarding parental custody, support, and the distribution of assets can often be issued immediately. If issues remain unsettled, the court will make a decision to handle any outstanding disputes.

Collaborative Divorce. In a collaborative divorce, each spouse has an individual attorney as in a litigated divorce. However, the attorneys are not adversaries and will not go to trial. The attorneys and their clients work together before the serving of divorce papers. The goal is to arrive at an agreement without the need for litigation. Collaborative divorce attorneys have the ability to generate creative solutions to problems, and they should employ an appropriate balance of advocacy and inquiry.

Mediation. A less expensive, more flexible and collaborative process, mediation also typically takes much less time than a litigated divorce. The majority of mediation cases involve less than 15 total hours of face-to-face time for clients. Instead of each spouse needing his or her own attorney, the mediator works with both parties to reach a mutually beneficial resolution to all priorities, conflicts, and concerns. Although mediation is often referred to as the “neutral” alternative, neutrality incorrectly implies that the mediator is indifferent to the outcome of each case. Effective mediation demands the opposite. In order to successfully reach a joint resolution, the mediator should be involved and engaged throughout the entire process. A good mediator should be empathetic and creative, and able to help both spouses understand their own needs and each other’s perspectives.

Romanowski Law Offices – New Jersey Divorce Lawyer

If you are considering divorce, a consultation with a creative, experienced NJ divorce attorney can provide ease of mind, answers to your questions, and options. Curtis J. Romanowski, co-founder of the Collaborative Divorce Concept, has helped countless New Jersey couples find creative alternatives to their conflicts. The goal is to keep you out of trial, keep your costs low, and reach a solution as quickly as possible. Our legal team serves clients in Warren, Bergen, Essex, Union and across New Jersey, and we can help you. Contact Romanowski Law Offices for an expert consultation today.