Settling Your Divorce Case: What You Should Know Before You Settle

While most divorce cases end in a settlement, reaching that settlement can be a lengthy process. During negotiations in your divorce case, you are likely to question and struggle with making the different decisions that you are facing. Individuals make decisions in their divorce cases for different reasons, not all of which are completely rational or in their best interests. Therefore, before you reach a final settlement in your divorce case, there are a few things that you should know.

First, you should be aware of what you are or potentially are giving up when you agree to a settlement in your divorce case. For example, your spouse’s offer of settlement may include a provision that you are not entitled to any portion of your spouse’s retirement plan, even though it accrued during your marriage. Under New Jersey law, your spouse’s retirement plan would qualify as marital property, so you may very well be entitled to a portion of the plan’s assets. By accepting your spouse’s settlement offer, you may be giving up a legal right to that asset. Of course, you can make whatever decision you want, but you should know what rights you may be giving up before you agree to give them up.

Next, avoid making decisions based on emotions. It is very easy in a divorce to allow your feelings to drive your decisions rather than engaging in a rational decision-making process. Many individuals who simply want to get a divorce over with will agree to whatever settlements their spouses propose, purely for the sake of quickly ending their marriage. Other individuals will claim that they don’t have the money or strength to continue to fight with their spouses. This is one reason why it is so essential to have the assistance and advice of an attorney throughout your divorce proceedings. A divorce lawyer can look at the issues you are facing in a more neutral manner, since he or she has no emotional stake in the matter, and give you rational advice about how to proceed.

No matter whether settlement is a possibility or litigation is a necessity in your divorce case, our New Jersey family law attorneys can guide you through every step of the proceedings needed to resolve your case. We are here to answer all of your questions about your case and present your potential options. At Argentino Family Law & Advocacy, LLC, we have represented the interests of countless families and children throughout many different types of legal proceeding. Contact our office today at (973) 868-0958 or by e-mail at info@argentinolaw.com and set up a time to talk with us about your case.