Divorce can prove to be an exhausting and emotional time for both the individuals involved and their families. The complicated nature of the divorce process can create a very negative and stressful experience. Not only should a couple understand the process of a divorce, but also they should understand the mistakes to avoid. The individuals who make a concerted effort to address the items listed below will generally reduce the emotional, psychological, and financial strains involved.
Mistake #1: Not discussing financial assets and key family responsibilities
Although these conversations can be difficult and time consuming, they are important discussions that will protect you and your family. The biggest mistake a couple can make is not understanding their full combined net worth, debt, and value of any assets they own together. This leads to elongated meetings, arguments, and confusion around what is fair to both parties. More time spent negotiating means more money the couple with have to pay in legal fees and less into their family’s future.
Mistake #2: Not Understanding the process of service
In order for a divorce to move forward, New Jersey has strict laws to guide those who are filing for divorce. A spouse must be served in person or sign a document relinquishing that requirement. Also, a “professional servicer” or county sheriff department needs to serve the spouse with papers. Sending service papers through the mail will not work for a divorce hearing. It is the duty of the professional serving the papers to prove by sworn statement if a spouse has been served properly. Your divorce hearing will not begin until the judge is given proof that your former significant other was legally served.
Mistake #3: Unwilling to compromise on issues
Many couples’ divorces are complicated and intense. Unwilling to meet and discuss division of assets is a sure fire way to cause more pain and continued expense. If children are in the mix, the situation is even more difficult. It is important to put emotions aside and approach a separation and negotiation as a business person. Especially if child custody issues are a concern, having open communication is important to navigate through a separation smoothly. Divorce is draining on everyone involved, but maintaining an open mind and level head will protect your family and speed up the process.
Mistake #4: Not protecting your rights
Do not let your former significant other push you into a settlement that is not mutually beneficial. Everyone involved deserves a fair division of assets and an fair child custody resolution. If you do not feel like you are receiving a fair deal, do not let anyone persuade you into signing anything. Having a highly skilled attorney present in highly recommended to protect your rights and make sure any financial agreements are fair.
If you are currently going through a separation and have questions about the divorce process, contact the experienced team of attorneys at Townsend, Tomaio & Newmark LLC today to schedule a consultation.