Divorcing spouses should not rush to court these days. Once you file a divorce complaint with the court, you’re on the court’s timeline and required to attend mandatory settlement conferences and mediation to try to reach an agreement on issues like child custody, parenting time, child support, college costs for children, alimony, and division of marital assets and debts.
But since the start of the pandemic, mandatory court settlement appearances are held virtually with little success.
The problem is that there is no substitution for face-to-face meetings when it comes to negotiation and settlement conferences.
While sitting down with your spouse and both lawyers can seem excruciating, it’s generally the best way to reach an overall agreement.
But when all four of you are staring at a camera over zoom, it just isn’t the same. And New Jersey courts are now recognizing that divorce cases are not settling as a result.
For you and your spouse, this often means higher lawyer fees over a longer period of time to attend mandatory settlement conferences and mediation with no agreement reached.
What you can do instead
Start by selecting settlement-oriented lawyers experienced in divorce and family law for each of you. Set aside the funds. It will generally be worth it by saving you time, money, and aggravation.
Have your lawyers help you and your spouse agree on a date to use for valuing marital assets and debts, facilitate the exchange of relevant financial documents, and agree on custody and parenting time for your kids.
Once you and your spouse have sufficiently determined the marital income, assets, and debts, your lawyers can help you come up with creative ways to divide the assets and provide for support if appropriate.
Your lawyers might also recommend the input of a child specialist or financial professional who can be instrumental in offering creative solutions that might be outside your lawyer’s expertise.
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