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Is litigation right for your divorce situation?


New Jersey residents who are going through a divorce know how many details are involved and how hard it can be to stay level-headed when there are so many emotions. Throughout divorce proceedings it may be confusing as to how the divorce will end.

Most divorces are finalized before ever seeing a courtroom. Over 90% of divorces are settled without actual litigation. But when negotiations between spouses hit a point where it doesn't seem like anything is going to be resolved, the issues may need to be addressed by a court. There are several things to keep in mind before deciding if litigation is the right way to go. First, can the time and expense of a trial be afforded? Many times, going through a trial to get something may result in more money lost than what is gained, if anything is gained. Second, consider how hard trials can be to go through, especially if children are involved. They can be trying and very emotional. Third, because a person has no control over which judge presides over their case it may be hard to place such an important decision in the hands of a third party. There is no guarantee that the judge will see things the way that a person thinks they should be and a judge's decision is final. Fourth, are a person's emotions getting the best of the situation? Because of the cost of litigation, it is important to make sure that litigation is not chosen just because emotions are strong. Stepping back to make a well thought-out decision can be a good idea.

For those who are going through a divorce and just not happy with the negotiations, litigation can be an option. There are many risks to litigation, including financial cost and the assignment of a judge. A legal professional skilled in divorce can help people determine what their best option is. Property division, alimony, child custody and support can all be handled without going to court. Attorneys can help their clients through all the proceedings and also help them find other professionals that can offer advice, such as financial counselors.

New Jersey residents going through a divorce know how emotionally trying the process can be. Even in the best of circumstances arguments can happen that threaten the settlement. Litigation can be available for the extreme situations where further negotiation does not seem profitable.

Source: Forbes.com, "Divorcing women: Is it best to litigate or settle?," Jeff Landers, May 22, 2014

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