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Adversarial Attorney In A NJ Divorce

In New Jersey, divorce can be a painful process. From the time the decision is made to file for divorce, there are many things that must go through a person's mind as to the future. Such issues as how the assets will be divided, who will get the marital home, where the spouse who does not get the marital home will live, who will receive custody of the children, what will be the visitation schedule, how much will the alimony and spousal support be, among dozens of other questions that may be running through both parties minds.

piggy bank with pile of money

In some cases, the divorce is friendly or at least reasonable. Neither side wants to hurt the other and, especially, the children. Because of the desire and need to get the divorce finalized and to be fair for everyone involved, the assets can be split evenly, the living situation will be decided in a fair manner, the children will be considered when coming to any conclusion as to where they'll live and how often they will see the non-custodial parent. In other cases, however, everything is in contention. This could be for any number of reasons such as a large estate, a business that both parties have a claim to, assets, debts, custody desires, allegations and accusations and other occurrences that happen over the course of a marriage that make the decision and process of divorce emotional and contentious. In some instances, one side or the other will hire what is referred to as an adversarial attorney.

The Job Of An Adversarial Attorney And How To Handle Them

In cases in which the couple is agreeing on most issues, it might not even be necessary to go to divorce court. With mediation, the couple can have a collaborative divorce with the help of third-party mediators and hire attorneys who are not interested in battling with the other side at every turn. There are times when this is possible but other times the opposing attorney will take an adversarial approach and make your life and the life of your attorney difficult when trying to come to an agreement to end the marriage. An adversarial attorney will use a variety of tactics to try and get everything possible for their client. There could be the dredging up of incidents from throughout the marriage that might be designed to garner a reaction from you and your attorney. There might be things said that are twisted to sound worse than they are. The children could be dragged into it in a negative manner. All of this is done so the attorney for the other party will get what the client wants.

paper family cut in two

The mere word “adversarial” has as its synonyms confrontational, argumentative, accusatory, and combative. It may not be personal with the adversarial attorney, but it is his or her job based on what the client wants. The best way to respond to an adversarial attack by the attorney representing the other party is to remain calm. Part of the strategy that the adversarial attorney is employing is designed to get a rise out of you and prompt an outburst that could harm your case. The attorney you hire does not need to be equal as adversarial, but the attorney must also be able to retain court decorum and respond effectively to the attacks made by the adversarial attorney.

Speak To An Experienced New Jersey Divorce Lawyer

If you or a loved one are in the process of getting a divorce in Ocean County, Monmouth County or anywhere else in New Jersey, it is important to speak to a qualified divorce attorney from the Law Firm of Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey. Simply because the person from who you are getting a divorce has hired an attorney that is adversarial and is trying to extract everything from the marriage that is possible from assets to property, to the children, does not mean you have to respond in a similar fashion to make the situation worse. An experienced lawyer who knows the way around a courtroom and can deal with every possible situation is how an adversarial attorney should be handled. Not taking the bait provided by the adversarial attorney is not a sign of weakness, but of intelligence. Your lawyer will maintain focus and rely on the facts rather than theatrics with an ulterior motive.

Other Resources

Divorce Arbitration In New Jersey 

No Fault Divorce In New Jersey

Collaborative Divorce vs. Mediation

NJ Family Court Mandated Mediation Program

Whether you are from Rumson, Little Silver, Colts Neck or any other town in New Jersey, Villani & DeLuca, P.C. can help you with your divorce even if the opposing attorney takes an adversarial stance. Contact Villani & DeLuca, P.C. at 732-751-4991 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) 751-4991 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.