At their initial consultation with my firm, many prospective clients will tell me that their divorce should be simple. Experience has taught me that such an assessment is almost always wrong. But the fact remains that one of the biggest concerns clients have when confronting a divorce, is just how time-consuming and expensive the divorce process will be. I have been redesigning my firm’s billing practices lately and attempting to create a more uniform retainer amount. In doing so, I’ve thought about some of the factors that may complicate a New Jersey divorce. Here is a list of such factors (it should be noted the list is not extensive and that just because a factor is listed does not mean it will be a complicating factor in every or even most cases):
-One or both parties being unreasonable;
-One of the parties deciding not to retain an attorney;
-One of the parties retaining an attorney that takes unreasonable positions;
-When there are children in the marriage, particularly if custody is contested;
-High-asset cases; particularly when there are a variety of retirement accounts, stock options, or other more sophisticated financial instruments;
-When one or both of the parties owns a business or a professional practice that needs to be evaluated;
-When the status of the case changed shortly before the divorce;
-If a forensic accountant, employability expert, or other such experts is required;
-When there are domestic violence issues or allegations;
-When there are jurisdictional or venue issues;
-When there are tax issues, bankruptcy issues, or high-debt loads for one or both parties;
-When one or both parties recently got a large promotion or lost their job;
What Can Be Done to Simplify a New Jersey Divorce?
I have written a number of blog posts on how to simplify a New Jersey Divorce. In previous posts, I have outlined how
- Clients can assist their attorneys and help keep costs low;
- 10 things that may surprise you about the New Jersey divorce process;
- How to help children through a parent’s divorce—an interview with a local counselor.
I believe it is imperative that parties to a divorce empower themselves to understand the law, accept their responsibilities under the law, and work with counselors or other such professionals (if necessary) to ensure a clear mind throughout the decision-making process. Each party has a great deal of control in the outcome of the case, working in the best interests of their children, and preserving family wealth even post-divorce. As an attorney, those are the types of clients I most want to work with. One of my goals is to help clients get to that place, so that we can work as an effective team. Although we cannot completly control the other side or their actions, that is perhaps all the more reason to control our own responses.
It is said that emotions, more than anything else, complicate a divorce. Although a Marital Settlement Agreement will be more complicated if there is a business or a high-asset divorce, any type of divorce can be assisted through the parties’ attempting to cooperate in the process and, where necessary, compromise.
Your New Jersey Divorce Lawyer:
If you’re considering a New Jersey divorce or Family Law action contact me to discuss your options. You can schedule an initial consultation by calling my office at 908-237-3096 or by scheduling your own divorce consultation online by clicking here.