Carolann M. Aschoff, P.C.

Negotiating divorce matters may result in less conflict

Deciding to end a marriage can understandably be challenging. However, actually going through the process itself can be even more difficult, especially if you approach your divorce as a battle you must win.

The truth is that your divorce proceedings here in New Jersey do not have to be hostile and combative. Instead, you and your future ex-spouse can use the negotiation process to try to resolve your differences in areas like property division, spousal maintenance and more.

What does divorce negotiation involve?

Contrary to what you may see in the news or on television dramas, most divorcing individuals end up reaching a settlement prior to having to go through a divorce trial. In many of these cases, this is possible due to informal negotiations.

During informal negotiations, you and the other party will discuss your divorce issues in an effort to find common ground. For example, maybe your spouse will agree to give you $150,000 in cash as long as he or she can keep the family home. Likewise, you may come to an agreement on who will pay spousal maintenance and how much.

What happens after you reach an agreement?

Once you and your future ex come to an agreement on your divorce matters, you can record your decisions in a settlement agreement. You will then present your written agreement to a family law judge.

During a hearing, you can expect the judge to ask you basic questions about your agreement. He or she will also check to see if you both understood the contents of the agreement and signed it voluntarily. If the judge thinks that you both negotiated the agreement in a fair manner, then he or she will most likely approve of it.

Your rights during divorce proceedings in New Jersey

Tackling divorce issues like the distribution of property and debt can certainly be challenging. This is especially true if you and your spouse have a large number of assets to split or if you have high-value assets.

However, an attorney can help you to negotiate a personally favorable outcome during the informal negotiation process. The attorney's goal is to help you to achieve a comprehensive and fair agreement with your spouse while also making sure that your rights and best interests are protected each step of the way.

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