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.
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.