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Tips For The Best NJ Divorce Settlement

During a divorce in New Jersey, the case can follow a number of trajectories. In some circumstances the couple is agreeable and can come to a consensus on friendly terms. If there are children in the marriage, they agree on custody and visitation rights. With marital assets, they can divide them up equally. In the case of alimony and child support, it is helpful that everything goes smoothly with the intention of keeping the children's lives as normal as possible.

In other instances, there is some common ground with slight disagreements that can be ironed out, but it might be required to go to mediation or even court to do it. For the most part, the exchange remains civil and once the divorce is settled both sides will move on with their lives and maintain a cordial relationship in the interests of the children.

In the worst possible cases, the couple can agree on nothing. They fight over everything and try to take all they can in part because they want it and in part to do whatever necessary to hurt or inconvenience the other spouse. If there are children, both want custody and will continue the litigation to achieve their ends. There is no consensus, nor is there common ground and the entire episode turns into a long and expensive nightmare that can last for years.

No matter the situation in a divorce, there are certain tips that a person can follow to try and achieve the best possible outcome and following them might save a lot of pain as well as a lot of money.

Tips For The Best New Jersey Divorce Settlement

signing contract

There are many ways a spouse can achieve a settlement in his or her favor and if the following tips are adhered to, the difficult part of life that is a divorce can be relatively pain free.

Knowing the financial circumstances of the couple will make everyone's life easier in the proceeding. There are instances where one member of the marital couple dealt with all of the financial aspects of the marriage. When one spouse knows everything regarding finances and the other little to nothing, there is a significant disadvantage to the unknowledgeable spouse. Making copies of all key financial documents—medical insurance, life insurance, portfolios, bank accounts, mortgage information—can go a long way in ensuring a fair settlement. Make sure that the spouse who controls the finances does not attempt any tricks such as liquidating assets or making other changes that can be done without the knowledge or consent of the other spouse.


Even if there is little that can be agreed upon early in the divorce process, considering mediation can not hurt. Not only would mediation make the process seem less contentious than going to court and heading into battle over every last marital asset, but it will also be significantly cheaper if the divorce settlement can be reached in mediation. Mediation may not be an option in divorces that contain a great deal of vitriol between the parties.

When hiring an attorney, do not hire one who will be intentionally difficult. There is a temptation during hard-fought divorces to do everything possible to punish the other side and make the process into an extended war. When hiring an attorney, choose one with whom you feel comfortable and believe in his or her credentials rather than one with a reputation for being tough.

It is also wise to familiarize yourself with tax issues. While it might seem to be a down-the-road problem as to how taxes will affect either side, or it might be somewhat amusing to think that the other spouse in a difficult divorce will have to contend with the Internal Revenue Service, poor asset allocation and ineffective tax planning may harm you and your children.

If you are prepared when you enter into settlement negotiations with a budget of exactly what will be needed or what you can afford to pay in alimony and child support, it can help expedite the process. Instead of having to wade through the finances, knowing what's there in terms of assets and liabilities, what will be needed in terms of rent or mortgage and to care for the children prospectively will save a vast amount of time.

When there is a proposal that is put forth seeking to settle the proceeding, do not dismiss it out of hand. Look at the offer and discuss it with your attorney to determine if it is a good deal or one that will not be sufficient. You might be surprised even in the event that the divorce proceeding has grown nasty.

gavel with two wedding rings

Remember that an attorney can be expensive. The more you fight, the more money the attorneys make. If you contact your lawyer to handle every little thing that comes up—even if it's something negligible or something that can be handled yourself—the costs will inflate dramatically.

Make certain you go through the entire settlement offer if one is made. If the offer looks to be too good to be true, then it probably is. Make sure and look at the fine print of any offer that is made because there might be hidden traps that will cost you later on.

Most importantly, do not enter the negotiations expecting the worst. There are times when common ground can be found and positive aspects of the marriage remembered to help both sides calm down and look at the big picture of moving on with their lives and maintaining a relationship that does not dwindle into fighting and ever-present tension. This is especially important if there are children involved.

Speak To An Experienced New Jersey Divorce Lawyer

Divorce can be a difficult experience and it can made easier if there is foundation for a settlement. Fighting just for its own sake elicits no winners. Knowing how to judge a good settlement offer begins with following the tips outlined herein to achieving a positive settlement. If you or a loved one are getting divorced in Ocean County, Monmouth County or anywhere else in New Jersey and would like to learn ways to negotiate the best possible settlement in the proceeding, a key is contacting an experienced family law attorney from the Law Firm of Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey.

Whether you're from Toms River, Brick or any other New Jersey town, Villani & DeLuca, P.C. can help you with your divorce case. Call 732-751-4991 today for a FREE divorce consultation.

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.