Can Settling My Divorce Work to My Advantage?

Did you know that only 5% of divorce cases go to trial? The remaining 95% of divorce cases are settled by agreement of the parties, often before they reach the trial stage of the divorce process. If you do not think that it is possible for such a high-conflict situation to result in resolution by agreement, read on to find out how it happens, and, more importantly, how it can work to your advantage.

The reason that so many divorce cases, even the really contentious ones, are able to end in settlement instead of by trial is because the divorcing spouses would rather dictate the terms of their own divorce instead of having a court doing it for them. The parties to a divorce know what assets they have, and which of those assets they want the most. In families where there are minor children, divorcing parents know what things are most important to them, as well as what kind of schedule will work for their family.  In other words, the parties are well-equipped to create and propose property settlements and custody orders to the court which reflect their unique needs. In contrast, when a divorce ends in a trial, the judge does the best that they can with the information that the parties have presented to them to create a fair property settlement and custody order.

If communication between you and your soon-to-be former spouse is difficult, settlement may still be within your reach. Once you retain an attorney, your attorney communicates with your soon to be former spouse or their attorney, if they have one. Your attorneys serve as a sort of filter between the two of you, making sure that the ideas that are exchanged are presented in an appropriate manner, and relaying information to you in a way that is less emotionally charged than direct communication, so that both of you can see the information for what it really is. Sometimes, divorcing couples and their attorneys use the services of a mediator to get the ideas flowing and have productive discussions about what a mutually acceptable divorce settlement would look like.

To learn more about how our team of experienced New Jersey divorce attorneys can help you settle your divorce, please call the office today at (201) 690-1642 to arrange a free and completely confidential initial consultation.


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