Know what to expect when choosing a litigated divorce | Lane & Lane, LLC
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Know what to expect when choosing a litigated divorce

Many New Jersey couples are able to work out mutually agreed settlements. However, there are those who fail to agree on a number of issues and sometimes settle for the courts to make these important decisions for them. In cases in which one spouse has a controlling and narcissistic attitude, combined with complex assets and properties to be divided, navigation of a divorce can be difficult.

It is not uncommon for a divorcing spouse to have many questions about the procedures that will follow the filing of the divorce. Regardless of whether a divorce will be litigated in court or negotiated through mediation, both spouses will be wise to each retain the services of an experienced divorce attorney. The two attorneys will each go through the discovery process to analyze the assets and dynamics of the case as it relates to their respective clients. Afterwards, they will get together and negotiate a divorce settlement that will address the best interests of both parties and their children.

For some couples, this may lead to the final divorce decree, but if there are issues that remain unresolved after several negotiations and no compromise by either one of the two parties, litigation may be the best alternative. However, going into litigation without full knowledge of what to expect may lead to disappointment. In addition to the cost of litigated divorces, parties must understand that further decisions will be out of their hands, and the court's decisions will be final.

A New Jersey divorce attorney can prepare a client for what to expect in litigation and help the client address important questions. Is it affordable, and is the client ready to publicly expose marital issues in court? Will a judge who knows nothing about the family be able to make important decisions that will affect the lives of both spouses and any children they may have? An attorney will take the time to get familiar with the family, and if the case goes to litigation, he or she will fight to obtain the best possible outcome.

Source:, "Your divorce questions answered: Should I settle or go to court?", Gail Saukas, Feb. 28, 2016

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