Heymann & Fletcher

Divorce litigation may pose challenges

It may seem natural for couples to want to go to battle during New Jersey divorce proceedings. It's particularly true if the parties have different opinions regarding how their assets and property should be divided. However, avoiding litigation during a divorce proceeding offers benefits that are worth considering.

Of course, most litigants think that they can win their divorce cases by going to court. In reality, neither party wins. A judge will hear both people's sides and then typically decide somewhere in between. In the end, both parties may end up being frustrated with the decision. Going to court essentially results in a litigant relinquishing control over the outcome of the divorce proceeding.

Going to court can also be expensive and time consuming. Moreover, the court system is not always efficient and usually overburdened, often resulting in long delays. It could easily take months or even years for a divorce case to be completed.

Rather than going through divorce litigation in New Jersey, the parties can try to negotiate issues such as property division, including distribution of assets and assigning responsibility for debts, or they could try mediation or a collaborative divorce. If they can find common ground that benefits both parties, they may avoid the cost and stress that comes with going to court. A lawyer can help fight for a client's rights, including a fair share of the assets. Both parties have the right to pursue their best interests during the divorce proceeding while taking into consideration the other party's wishes and needs.

Source: The Huffington Post, "Thinking Of Divorcing? Read This First", Robert S. Blair Jr., June 20, 2016

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