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Informal negotiation may make divorce process easier

You finally feel a sense of relief after deciding to get divorced. However, at the same time, you are worried about what you may face in divorce trial, and you wish there was a way around it.

Fortunately, there is. Rather than going through traditional divorce litigation, you can take advantage of informal negotiation to resolve divorce matters, such as property division and alimony. Here is a glimpse at how divorce negotiation works in New Jersey.

The divorce negotiation process

Most divorce cases end up reaching settlement before they have to proceed to trial. You and your spouse can likewise engage in negotiation to resolve issues without further court intrusion.

For instance, you and the other party may agree that you will keep the marital home and simply buy out your future ex-spouse so that he or she can purchase another home. In addition, you might agree to maintain physical custody of the children, with both you and the other party having legal custody of them. With the former, the children will live you, and with the latter, both you and the other party will make important decisions regarding their welfare and upbringing.

Obtaining court approval

Once you and the other party have reached an agreement on various aspects of your divorce, you can finalize your decisions in a written agreement. Then, you can submit this agreement to a judge for his or her approval.

A hearing will likely follow, during which you and your future ex-spouse will answer some factual questions and confirm that you understand the agreement and signed it voluntarily. If the judge accepts your responses and feels that you and your future ex negotiated your agreement in a fair manner, he or she will approve it. For this reason, it is critical that your agreement's terms do not blatantly favor you or the other party.

What if you cannot agree on all divorce issues?

Perhaps you agree on how to handle property division but cannot see eye to eye on child custody and visitation. In this situation, you can still reach an agreement on the former through negotiation and then have a judge determine how to handle the latter. In both scenarios, it is within your rights to fight for the most personally favorable outcome possible considering the circumstances surrounding your divorce proceeding.

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Law Office of Robert Ricci, Jr.
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Clark, NJ 07066

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