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NJ Divorce Settlement Negotiation Strategies

A New Jersey couple in the midst of a divorce has many concerns that need to be assuaged during the process. There are assets, debts, properties, children from the relationship, living arrangements, custody disputes, alimony, child support among many other worries and it can add up to significant headaches for everyone involved if the negotiations do not go smoothly.

There are ways, however, for the process to be made easier by creating a divorce negotiation strategy with the help of an attorney and sticking to it make sense for all parties involved to try and come to a settlement of the major issues in the relationship without a long-term legal fight with results that will make neither side happy nor satisfied. Some people take the strategy of fighting for everything and hire attorneys who are tough negotiators to make sure they get everything they feel they are entitled to from the marriage. This might make the other spouse's life difficult, but it will be more costly for you in the long-term and wind up extending the process far longer than it would be if the sides were more flexible in their strategies to negotiate an end to the marriage.

Tips For Negotiating During An Ocean County Divorce

picure of couple split in two

A couple that is divorcing needs to be flexible in their demands. Being unreasonable in terms of alimony, requests on who keeps certain assets and property, in determining the fate of the children and all other issues will do little more than extend the proceeding and foster vitriol between the participants. Neither side wants to give in, nor do they want to be shortchanged on what they feel they have earned from the relationship, but choosing to be difficult to the point of impossible will only succeed in delaying the process and preventing the participants from ending the marriage and getting on with their lives. It is a fine line between giving too much away and being too demanding and listening to the other side's arguments can help both spouses reach common ground.

If there are children involved, it becomes even more important to ensure that they are taken care of. Such issues as living arrangements, visitation, the child's education and college funds are all to be taken seriously and negotiated reasonably. It is not the child's fault that the marriage is ending in divorce and he or she should therefore not be punished during and after the divorce. Having a clear idea as to how much will be necessary for the child's education will be a starting point to saving the required amount of money to make it a reality.

Knowing the circumstances surrounding a retirement plan must be considered during a divorce negotiation. When there are combined assets in the marriage, splitting them fairly or making an exchange of one spouse taking one set of assets such as a stock portfolio while the other takes a property is a good way to keep the negotiations civil and for both spouses to receive fair equity from the union. Social Security might not provide everything that is needed for one or both spouses when they reach retirement age and it must be accounted for in the divorce.

medical records

Health insurance plans are imperative when it comes to children. One parent might have a superior health insurance plan than the other and knowing the costs and benefits of the plans available to both will make certain that the child is taken care of after the divorce has been finalized regardless of which parent has custody. Knowing facts regarding health insurance can help the participants as well. For example, COBRA is a health plan that requires a business with twenty or more employees to keep the former spouse on the employee spouse's policy for three years following a divorce.

When the divorce process is underway, properties such as a home will be a major subject of the negotiations. While both sides might want the property to either live in or to keep for its value, it must be accounted for what the mortgage—if any—costs, what the house is worth, and whether the spouse who is awarded the property will be able to keep it. It might be better to sell the property or factor in the costs when coming to a settlement agreement.

Contact A Local Experienced NJ Divorce Attorney

There are strategies that are time-tested and effective when divorcing and while it might make an individual feel slightly better about the situation to set a hard line and battle over every last issue, it is not a sound negotiating strategy that will enable you to end the proceeding quickly without rancor or hard feelings. In many divorce cases, the couple will still have to have a relationship after the divorce has been finalized due to children and alimony. A contentious relationship is much more difficult than a cordial one and negotiation is the key to achieving both fairness and a sound relationship after it has been settled.

If you or a loved one are considering a divorce or are in the process of getting divorced in Monmouth County, Ocean County or anywhere else in New Jersey, it is important to seek qualified legal advice from the Law Firm of Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey.

Other Resources

Child Custody And Child Support In New Jersey

Protecting Your Assets During Your Divorce

Types Of Alimony In A New Jersey Divorce

How Much Does Divorce Mediation Cost In Ocean County


Whether you are in Brielle, Manchester, Lakewood or any other town in New Jersey, Villani & DeLuca, P.C. can help with your divorce settlement negotiation and its strategies! Call 732-965-3404 today to discuss your case!

Vincent DeLuca, Esq.

As a founding partner at Villani & DeLuca, Vincent DeLuca is one of only a few Certified Matrimonial Law Attorney in Ocean County, New Jersey. Mr. DeLuca has helped many clients navigate the delicate details of their own divorce. Mr. DeLuca is also a trained divorce mediator and collaborative divorce attorney. Call today at (732) 965-3404 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.

Office Location

703 Richmond Avenue
Rt. 35 South
Point Pleasant Beach, NJ 08742
(732) 965-3404
(732) 892-9053 (fax)

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