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Things To Consider Before Pursuing Litigation

Couples in New Jersey who are planning to divorce may need to review their case before taking the action to court. According to a recent article, very few divorce cases require court intervention. In fact, the report suggests that 95 percent of divorce cases are settled without a ruling handed down by a judge.

This may be surprising when a person considers how many issues must be resolved before both parties are able to reach an agreeable settlement. However, in many cases, individuals who are seeking a divorce collaborate with financial advisers, family law attorneys and many other professionals. The insight offered by this team lets a couple to negotiate with a clear understanding of their current financial situation, allowing both parties to handle complicated issues without litigation. However, there are some instances where litigation might be necessary, especially in cases where both parties cannot reach an agreement on core issues.

Before bringing the case before a judge, there are a number of things that a person should consider. Many couples avoid litigation because of how much the process costs, and in some cases, the issue that is in dispute is worth less than a person might be spending on costs related taking the dispute to court. Also, the rulings handed down by the courts are often not negotiable, and if there is no grounds for appealing the decision, the terms of the ruling might be permanent even if the decision seems unfair to either party.

When making a decision on how to approach a divorce, it may be beneficial to consult with an attorney. That attorney could review a client’s current situation and any disputes with the other party and might then recommend negotiating outside of court or pursuing litigation before a judge.

Source: Forbes, “Is It Best To Litigate Or Settle?“, Jeff Landers, May 22, 2014