Motivations for Divorcing Spouses to Reach Agreement Before they File in NJ

Whether you are familiar with divorce proceedings or not, they often involve a lengthy process in the court system. A divorce is final when a judge signs a document that resolves all the issues in a marriage, including a Marital Settlement Agreement (MSA). An MSA is an agreement between the spouses regarding a division of all property, meaning all assets and debts. It also includes the terms for alimony, child custody, and child support. Negotiating an MSA can take months, so spouses today opt to agree to the terms involved in ending their marriage even before filing for divorce.

Converting Private Agreements to Court Orders

With the MSA, divorcing parties with assets and children can conclude the legal process. They must resolve all the outstanding marital issues before they are completely divorced. The MSA resolves those issues in total or in part. Whatever the parties cannot agree to, a judge will decide. As such, the final divorce judgment consists of the MSA and other court orders. Once a judge signs it, the MSA becomes an order of the court.

The Positives of Settling Before Filing for Divorce in New Jersey

Reduced Stress

Finalizing your MSA before filing for divorce can be beneficial in many ways. One advantage is stress reduction. Moving a divorce through the legal channels can be frustrating since the wheels of justice often turn slowly. The volume of cases the courts handle is enormous, and yours is one of many assigned to a courtroom. Hearings and a trial date may take months. Working out conflicts with your spouse at your own pace before filing can ease the stress and pressure of meeting court deadlines and waiting endlessly for the case to move through the court system. A signed MSA speeds up the process.

Increased Control

By working out the details beforehand, you and your spouse can control the pacing and terms of the divorce. Agreeing on the terms of your divorce allows you to compromise, even if you do not get all that you want. You still get to decide what you can live with and what you cannot. Leaving decisions about property, child custody, and spousal support to a judge takes the power away from you and your spouse to control your future.

Efficiency and Cost Savings

Entering an MSA in advance of a divorce proceeding is efficient. You save time and money by avoiding a drawn-out court battle over custody, money, and property division. Spending hours in courtrooms is most often a financial loss when you must take time off work, so working on an agreement when you and your spouse are available saves you potential economic losses in rash, angry decisions forced in the halls of a courthouse.

Privacy

Furthermore, coming to an agreement beforehand avoids airing dirty laundry before a judge and those in a courtroom. You get to hammer out the details of your personal life in person so that when a divorce is filed, all you are doing is putting paperwork in front of a judge to sign rather than allowing a judge to dig through your personal life to order you and your spouse to act, pay, and parent the way the court determines is best for your family. You and your spouse know your personal lives better.

Increased Cooperation

When you and your spouse decide what works best for you and your children in custody and visitation arrangements, you are more likely to accept your situation and cooperate. After all, you both agree to the terms of child custody and support, so you are both more likely to be less emotional and angry about the terms than if a judge imposed child custody and support arrangements on your family.

Effective Strategies for Reaching a Pre-Filing Agreement on NJ Divorce Terms

Mediation

Sometimes, couples need help compromising. They need outside help to understand the legal requirements and consequences of the MSA. In that case, a mediator may be helpful to inform the spouses of the law governing divorces and MSA terms. A mediator might help inform a couple of likely outcomes on specific issues if the divorce goes to a judge for a decision. The process is not adversarial; both parties ask their questions, though the mediator does not advocate for either. Once the parties cannot agree on terms, they cannot use the mediator to represent either in the divorce.

Collaborative Divorce

Other divorces require several people to help resolve disputes. For example, each party may hire an attorney to represent them in negotiations. Before sitting down with two attorneys and two spouses to negotiate, the parties may have gone through mediation to narrow the conflicts to a focused few, making negotiations targeted and brief. Other professionals, like accountants, CPAs, financial advisers, and counselors, may assist couples in working out property division, debt elimination, and child custody issues with valuable information about the consequences of their agreements.

Negotiation through Attorneys

An attorney can play the role of many of those professionals. Couples can hire respective attorneys to negotiate an MSA. In that way, each party feels secure that their interests are heard and presented persuasively. Attorneys can also be the voice of reason, persuading their clients that an agreement is in their best interests and how they can address future changes should it be necessary.

Understanding the Exceptions: When Not to Pursue Pre-Filing Agreements

In an ideal world, couples work out their differences and save themselves time, aggravation, and money. Unfortunately, they may not work out all issues without the assistance of a judge. The parties may be passionate about their position as the right one and cannot compromise. Sometimes, the stakes are too high, say, for a successful business owner dividing the shares of his company with his estranged spouse. A judge may have to solve complex issues or settle disputes between stubborn parties.

Plan Your Settlement Strategy by Consulting with an Experienced NJ Divorce Lawyer

Whichever approach works best for you and your family is a matter of being informed of your options. Each situation is unique, so consulting with an experienced attorney is the first step to determining whether an MSA before filing is the best route. At Bronzino Law Firm, our accomplished divorce lawyers will assess your situation, including the relationship with your spouse and children, to offer the best options. With countless cases behind us and a commitment to client satisfaction, our attorneys take the time to become informed about your finances, length of marriage, child custody plans, and issues between you and your spouse that may require a customized approach to be resolved in your best interests. We can help you solve complex property and debt resolution issues, as well as custody conflicts and disagreements over spousal support that may impede your case’s final settlement. No matter what, our legal team considers your case individually, giving it the time and attention it deserves.

Our experienced family law attorneys serve clients throughout Ocean and Monmouth County and the greater Jersey Shore area, including Tinton Falls, Eatontown, Point Pleasant, Wall, Rumson, Middletown, Bay Head, Barnegat, and Toms River. See how you can expedite your divorce with a marital settlement before filing, or consider your other options by consulting with a committed divorce attorney at our offices in Brick and Sea Girt, NJ, today. Call (732) 812-3102  for a free consultation, or reach out to us online to learn more.