Choosing a legal model for divorce

On Behalf of | Mar 31, 2023 | Blog, Divorce

Divorce can be difficult and confusing for any New Jersey resident. Some people who are going through the process might consider going with the first attorney who is recommended to them.

Why your attorney matters

Of course, you want a good attorney for your divorce, that’s a given. But there are different legal models for divorce though, so you want to make sure your attorney is a good fit for the type of divorce you want.

For example, you might want to work with your estranged spouse for a more collaborative divorce or resolve your issues through mediation so you can stay friends or co-parent afterward. You will want to have a lawyer who has experience in this regard.

Types of legal models for divorce

Collaborative divorce is – as the name suggests – a divorce in which the couple works together. They’ll negotiate to figure out different aspects of their lives after divorce, deciding based on individual factors.

Collaborative divorce gives power to the divorcing couple, whereas a litigated divorce gives the final decision to a judge. Sometimes, however, a trial becomes necessary.

Pros and cons of each model

Litigation is the only real option for couples who can’t compromise or come to decisions by themselves. A litigated divorce can be more expensive, emotionally draining, and time-consuming than going to mediation.

On the other hand, more cooperative divorces don’t always work out. If a couple tries a collaborative divorce and can’t come to a compromise, then their respective attorneys are required to withdraw from the case.

Which one to pick

It can sometimes be difficult deciding how you want your divorce to proceed. Because of the time and financial investment that comes with each legal model, it’s important to do a lot of research before making a final decision.