Collaborative law: an alternative to divorce court

On Behalf of | Sep 29, 2021 | Firm News |

Many people put off a New Jersey divorce because they cannot face a bitter court battle. Thankfully, many families can avoid the courtroom, maintain control of the proceedings and negotiate an equitable settlement without stepping foot inside a courtroom.

According to the American Bar Association, using a collaborative law approach for your divorce can avoid the adversarial atmosphere of traditional proceedings. The goal is to help both sides of a dispute reach an agreement while minimizing contention. A collaborative divorce may also offer additional benefits.


The courtroom is not typically a setting where you can work through issues. If you and your ex cannot reach an agreement, a judge may dictate your settlement. However, in a collaborative divorce, the informal environment is a safe space. You can express your opinions and concerns to reach an agreement. The active participation of both sides often helps reduce tension during the process.

Courtroom proceedings become public records. This means that anyone may access certain details of your divorce. By staying out of the courtroom, you can maintain privacy. You may also have more control over who accesses your personal information.


Administrative, court and attorney fees add up quickly. This can put a strain on your finances and mental health. You may settle for a less satisfactory agreement instead of negotiating. By using a collaborative method for divorce, you can eliminate many fees associated with a traditional divorce.

A courtroom is often a hostile environment and the judge must follow procedure. Collaborative law uses problem-solving techniques and negotiation. This process often helps couples agree on property division, custody and support faster and with less turmoil than divorce court.