Edison Township Collaborative Divorce Lawyer
Contested divorces can be very costly, both financially and emotionally. Spouses who can settle their affairs through a more collaborative process often expedite the process. Most divorce situations are stressful and draining. A person who is facing a divorce may benefit from seeking the advice of an experienced attorney.
While a divorce that is considered collaborative may help streamline the process, it still typically requires each spouse to have a capable attorney. Consult an Edison Township collaborative divorce lawyer who could examine the terms of divorce and potentially advise on next steps.What Is Collaborative Divorce?
Typically, under New Jersey law a collaborative divorce may allow for the division of property, payment of support and custody of children to occur in a more amicable and inexpensive way. This may significantly alleviate the stress of an ongoing legal battle between two former spouses.
Before discussions begin, both spouses usually inform their attorneys in a detailed way about what they are seeking in terms of child support, visitation rights, what will happen to the family home, and other typical divorce issues. After this takes place, negotiations may begin. In some cases, a professional such as a child custody expert, or an accountant, may be called in to assess the situation.
If the parties are not able to resolve all the key questions in the divorce, a licensed mediator may be hired to settle the outstanding issues. Generally, consent from both parties would be needed before this step could be implemented.
A collaborative divorce agreement also may address any potential post-divorce disputes. For example, child support payments can become complicated if the non-custodial spouse’s income increases or decreases. Such disputes are quite common in all types of divorce cases.Divorce Requirements in Edison Township
In Edison Township, these requirements are often required when a couple seeks a dissolution of marriage:
- Spouses must have resided in the state for 12 straight months
- Irreconcilable differences between the two for at least six months
- No reasonable chance of reconciliation
Child custody and/or visitation rights can often be the most emotionally difficult issue to deal with in divorce cases. Courts are directed to consider what is best for the child in these kinds of family law matters. An Edison Township collaborative divorce lawyer knows how to gather the evidence to support a custody claim.Existing Agreements Concerning Assets
The process for completing a collaborative divorce may be simplified when a prenuptial agreement is already in place. However, certain conditions may make a prenuptial agreement unenforceable:
- One party was not given sufficient time to read the agreement and grasp all its implications
- It was based on false information about one party’s income, assets, or liabilities
- Crucial information was omitted
A prenuptial agreement generally cannot relieve either spouse of their obligation to pay financial support for children in their custody. The rules of family law can potentially change in the wake of new legislation or court decisions, which is why it is important to find an Edison Township collaborative divorce lawyer who is familiar with all the rules that could apply to a collaborative divorce situation.How an Edison Township Collaborative Divorce Attorney Can Help
Divorce in any context is often one of the worst times in a person’s life. Emotions run high and important decisions need to be made. It can be quite difficult to know how to proceed and simultaneously keep your financials intact. Child custody, as well as support payments, may add additional confusion to the situation, especially for a person who is unfamiliar with this area of law.
An Edison Township collaborative divorce lawyer could help by explaining the different steps that often occur in a marriage dissolution. Understanding the details may help a person make a more informed and confident decision for issues that could affect their families in the long term. Reach out for a consultation.