Law Office of Andrew A. Bestafka, Esq. > Practice Areas > Divorce > Collaborative Divorce

Divorce is a challenging and tumultuous experience for any family. It can leave lasting scars when the process is a bitter and contested one that exposes friends, family, and children to venomous disagreements. Many New Jersey couples choose to take a collaborative approach to divorce because it allows them to reach a satisfactory settlement free from the threat of litigation if negotiations fail.

At Law Office of Andrew A. Bestafka, Esq., our family lawyers understand just how complicated the divorce process is. We have the experience and knowledge to help you through this time. Though divorce is accompanied by uncertainty, many people find comfort in the guidance of a knowledgeable attorney.

If you are considering a divorce and believe that your situation would allow for a non-hostile resolution, a collaborative divorce lawyer can help. Contact the Monmouth County collaborative divorce attorneys of the Law Office of Andrew A. Bestafka, Esq., at (732) 898-2378 today to discuss your situation with a knowledgeable and experienced legal representative.

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Do I Need a Collaborative Divorce Lawyer?

A skilled collaborative divorce attorney understands how to transform a divorce into a satisfactory settlement for both you and your spouse. If you are committed to working cooperatively with your spouse through the divorce process, hiring a collaborative divorce lawyer is the most desirable way to reach a quick settlement.

Even when you and your partner have a decent working relationship, the presence of lawyers will help you thoroughly weigh your options. Although this may be your first divorce, you can rest assured that your lawyers have each been through this process many times before.

Once you choose an experienced attorney, you and your spouse must meet and discuss your goals and dispute resolutions. For the collaborative divorce method to work, both parties must be willing to provide the other with complete financial information. If you think your spouse is hiding essential information, you may have to consider other methods outside of the collaborative process.

If you are considering a divorce, and both parties are being transparent, and you are confident that the situation will result in a non-hostile resolution, hiring an attorney will further minimize any chance of litigation.

Why Choose Law Office of Andrew A. Bestafka, Esq.?

Andrew A. Bestafka, Esq. is a native to New Jersey with more than a decade of experience in family law in Monmouth, Ocean, and Middlesex counties. Attorney Bestafka has been awarded numerous accolades for his work, including one of 10 best attorneys in client satisfaction by the American Institute of Family Law Attorneys and has received top marks for his divorce work by Avvo.

Whether your marital issues include children, real estate, retirement, or alimony, no case is too complicated for our professional staff. The Law Office of Andrew A. Bestafka, Esq. has considerable resources and experience representing clients in complex cases involving the following:

Our attorneys will take special care to form a legal strategy that makes your emotional needs into consideration. Our attorneys understand the toll divorce can take on families. We will work with you to form a legal plan, helping you establish your priorities and goals to make the process easier.

Participation Agreements

One of the critical elements of a collaborative divorce is the absence of the underlying threat of litigation. Both parties enter into a participation agreement that binds them to the provisions set forth within, commonly including the following:

Issues are to be settled using interest-based negotiation
All decisions consider children’s best interests
Both parties will rely on their lawyers to negotiate a settlement that works for both parties
Constructive and fair communication will be required
The reasons for which either party may withdraw from the process

A collaborative divorce can allow you to get through the process without the emotional trauma that all too frequently accompanies a potentially hostile, traditional divorce. Your divorce attorney can explain the details of the agreement so that you fully understand how the process will work. Divorce attorneys are here to protect both participants if the process does not ultimately end in a settlement. The collaborative divorce process won’t work if either you or your spouse is against using alternative dispute resolution.

If both parties are in agreement, the next step is to hire a lawyer to represent you. Choose a lawyer that is willing to participate in the collaborative law process and has proven experience with alternative dispute resolution. When both participants agree to stay out of court, this removes the threat of litigation. Attorneys use participation agreements to confirm that, although a joint petition will be signed, no documents will be filed with the court until you and your spouse reach an agreement.

Benefits of a Collaborative Divorce

When it comes to collaborative divorce, you and your spouse each need to have legal representation. Your attorney will advise you, assisting in negotiating a settlement agreement. You and your spouse will meet separately with your attorneys, and the four of you will also meet together regularly to work through terms of your divorce.

Less Expensive – Collaborative divorce can decrease the expense and reduce hostility. Collaborative divorce can help couples reach a temporary agreement to secure their situation and voluntarily exchange any information that is required. Through collaborative divorce, you can keep the legal process from becoming too complicated while minimizing expenses by agreeing on legal procedures.
Healthy Communication – Another benefit of collaborative divorce is that an agreement is made early on regarding the handling of post-divorce issues should they arise. Collaborative divorce enables you and your spouse to take control over the settlement process, civilly determining where it goes. The process allows you to practice healthy communication with your spouse, which can help ensure that your interactions moving forward after the divorce are constructive and positive.
Specialist Consultations – Based on your needs during your collaborative divorce, you may have access to financial planners, family specialists, and other professionals. In a collaborative divorce, both spouses can have access to the support of other professionals on the collaborative team.
More Control – One of the main benefits of using a collaborative divorce attorney is the control you will have of the outcome through measured negotiations. Another advantage of hiring a collaborative divorce attorney is the likelihood of avoiding protracted and extended litigation. Avoiding litigation could end up saving you considerable money, in the long run, should your divorce turn highly contested.

Even if you only implement the collaborative divorce approach for a portion of the divorce process, you will still save considerable time and money.

When you hire an attorney, you can be confident that you are in capable hands. A collaborative divorce attorney will dedicate more attention to your family’s specific needs. Even if you and your spouse may be able to come to an understanding on how to share custody if you have children and divide up property, a lawyer can help you in the preparation of legal paperwork for finalizing the divorce.

Contact Us

If you are beginning the divorce process, the Monmouth County collaborative divorce lawyers of Law Office of Andrew A. Bestafka, Esq., are prepared to help. Our team can help you, and your spouse reach a mutually beneficial settlement. We understand that deciding on a divorce takes time and puts both parties under both physical and emotional stress. You don’t have to go through your divorce alone. Our family lawyers are here to support you and keep you informed throughout the process. To arrange an initial consultation, do not hesitate to contact us by calling (732) 898-2378.