In New Jersey, whether two parties can stay out of court during their divorce depends on more than just what they are negotiating over in the agreement. If they end up fighting personal battles, it will diminish the chance that they can settle their case without the need for an expensive and hostile trial.
The best way to avoid this situation is to take the high road, which starts with maintaining a mutual level of respect during the divorce. The key here is to make sure to use a respectful tone when communicating with the other spouse regardless of any hurt feelings about the divorce. It also means that the spouses should keep communication purposeful and avoid texting or calling the other spouse repeatedly.
When it comes to issues of property division, parties should be selective about the fights in which they choose to engage. For example, something that does not have a high dollar value should not justify spending thousands of dollars to fight over in court. Although it may seem like a blow to concede any argument, it is sometimes best for the bigger picture to give up the fight. This may make the difference between an expensive trial and a divorce that is less costly and easier to resolve.
One thing that a spouse can do toward accomplishing this goal is to seek the counsel of a family law attorney. The lawyer may give their client a realistic read of the situation and inform them of the costs and benefits of a certain approach that the client wants to take. The attorney might help keep their client from getting into a needless battle by counseling restraint when it is needed throughout the divorce.
