One of the most prevalent perceptions people tend to have of the United States legal system is that in court, there is always a winner and a loser. In a criminal trial, the defendant is the loser if found guilty, or the winner if found not guilty. In civil cases, the judge will either rule in favor of the plaintiff or not. Always one winner and one loser.
When discussing divorce, there should never be a winner and a loser. That implies that one parent is the noble, upstanding victim and the other is a villainous perpetrator. Oftentimes, divorce is the result of blame on both sides of a partnership that no longer works, despite how hard the pair may have tried to salvage it.
This is where a collaborative law practice can prove to be extremely beneficial. Taking a divorce to court only invites anxiety and uncertainty about the outcome; it pits one side against the other. It seeks to label winners and losers. A collaborative law practice works with both partners to establish a written agreement that is more or less mutually beneficial to finalize the divorce.
While it is true that New Jersey has the lowest rate of divorce than any other state in America, it is not completely without it. A separating New Jersey couple could benefit from a good collaborative family lawyer the same way a California couple could. The practice is just that effective. And keeping in mind how 5 percent of Americans have been married three or more times, it is a process that seems to be growing in its necessity.
We all know certain stereotypes apply to married couples. The husband goes out and works and the wife stays home to cook and clean. She puts up with his oafishness; he puts up with her nagging. Though sitcoms have taken these ideas and consistently spun jokes around them, there are not that far off from the truth. Studies have shown that in 70 percent of couples, the wife will still do more work around the house than the husband, even if she works the same hours he does.
What does that mean for a collaborative law practice? Well, a judge could pick up on those patterns and decide that the wife is actually more suited for raising the children. One of the worst things to happen in a divorce is the fracturing of the kids, but a great way to combat that is through the aid of the collaborative law process.
Now you know the the basics of what a collaborative law practice can do for you. If you are ready to separate, it might be best to do it amicably and with as much cooperation and collaboration as possible. For the kids, for the family, for yourselves. Let a collaborative law practice help. Research more like this.