Divorce proceedings, often referred to as matrimonial matters, are complicated by the emotional demands that are involved in the divorce process. More than 98% of matrimonial matters settle, which means that cases are being tried to conclusion in less than 2% of pending divorces across the state. So, what is happening when a case settles? When a settlement is reached, the parties determine how each issue will be resolved. The parties take control of their matter and make the choices that are right for their family, alleviating the necessity of the Court having to do so. A settlement can only be achieved if both parties reach a voluntary agreement that they are both committed to living with, as they move forward in their lives. The public policy of New Jersey is that two people are much better positioned to make choices for their family than an independent judge will ever be able to achieve. Judges are able to do so when necessary, but they much prefer for people to make these choices for themselves and their children when needed.
Any divorce attorney will tell you that it is better to settle your divorce out of court for a whole host of reasons. You might feel like a big court case will be more likely to afford you a favorable divorce settlement, but this is also typically not the case. Your out-of-court divorce settlement can be handled differently between you and your spouse than if the judge is left to decide your matter, and negotiating divorce settlements is actually much easier outside of a courtroom, as you are not limited by certain court rules and requirements that dictate how a judge can approach the issues in your matter that need to be resolved. Whether you are negotiating for alimony and child support or you are working out a one-time settlement in your divorce proceedings, you and your spouse should seriously consider settling divorce out of court.
What are the Benefits of Settling Divorce Out of Court in New Jersey?
Selecting a skilled divorce attorney is the first step in working toward creating a reasonable and fair divorce settlement, to avoid engaging in protracted litigation. Once you have retained an attorney, consider these three benefits for settling divorce out of court, rather than proceeding to trial and having a judge make decisions for you about your life.
1. It Saves Money in Court
The emotional and financial expense of litigating your matter to conclusion can be devastating. Court cases are very expensive, and you can spend substantial amounts of money even before your matter is heard by a judge. The costs involved in courtroom struggles are substantial and devoting time to craft a reasonable and fair settlement out of court will save time in the long run. Investing time in creating a solution through settling divorce out of court, is valuable and a far better use of your money than to pay your lawyer to prepare for trial.
2. It Spares Your Kids
When kids are involved in a divorce, settling divorce out of court is most often the best course of action to pursue. The impact of a divorce and in particular a trial, can be exponential on everyone involved, but especially the children. All of the details concerning the dissolution of your marriage can be finalized without having a trial. Keeping your kids out of court will make sure that they are able to avoid some of the most difficult and emotional aspects of the divorce process.
3. It’s Faster
Settling divorce out of court is always a more efficient approach. It is easier to schedule settlement meetings than it is to schedule a court date, as you cannot determine the judge’s calendar and you will also come to the settlement meeting with your demands and desires in hand. This makes the process of negotiation for your divorce terms much more efficient. Settling divorce out of court will allow you to move on with your life on your own terms. There is value in being done, as being embroiled in litigation will undoubtedly take its toll on everyone. Being able to dictate how certain issues are addressed is a far more productive approach. No one enjoys legal wrangling that takes months to complete, and settling divorce out of court will spare you this experience.
Settling Divorce Out of Court is Always Best
When you are considering the various ways that you can handle your divorce, you need to make sure that you consider settling outside of court at the top of your list. Contact our legal team at DeTorres & DeGeorge. With years of experience our team can assist you to navigate the divorce process and prioritize your issues so that you can work efficiently toward negotiating a settlement with your spouse, rather than utilizing resources on legal fees that could otherwise be used for your family.
Reach out to us today so that you have the guidance and understanding that you need in creating the best outcome for your divorce to benefit your family and your future.