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Law Offices of Kenneth F Rempell

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How to Hire the Right NJ Divorce Attorney

kenrempell · May 9, 2023 ·

How to hire the right divorce attorney?

The decision to hire the right NJ divorce attorney starts once you and your spouse decide on how you will divorce. This means that if you are committed to respectful communications, prioritizing the needs of the children, creative solutions and preserving relationships, then you want an attorney committed to your priorities. If you and your spouse each want your day in court, where the Judge will decide what is right for your family, then you need an attorney ready to battle. 

Here in our office, we are committed to a process of negotiation and want to empower you and your spouse to make decisions together. Whether you prefer Collaborative Law,   Mediation, or Cooperative law,  we use interest-based problem-solving negotiation techniques to assist the parties in resolving issues   So if you want a peaceful resolution to your New Jersey divorce,   finding the right attorney is crucial.   A skilled and experienced divorce attorney can guide you through the process, help you explore alternative dispute resolution methods, such as mediation and collaborative divorce, and ultimately keep your divorce out of court.

Finding an attorney skilled at interest-based problem-solving, negotiating, and using various creative processes effectively in family cases. You want an attorney committed to keeping your divorce out of court, the key to achieving a peaceful resolution. Here are some steps to help you find the right divorce attorney:

Consultations: Schedule initial consultations with potential attorneys to discuss your case and evaluate their compatibility. Please pay attention to how well they listen, understand your concerns, and explain the divorce process. A good attorney will be empathetic, compassionate, and focused on achieving a peaceful resolution.

Experience and expertise: Look for an attorney with significant experience in family law and divorce cases. Consider their knowledge of New Jersey divorce laws and their track record of successful negotiations and settlements. A skilled attorney will have the expertise to handle complex issues and guide you through the process efficiently.

Once you have found the right attorney, they can help you explore alternative dispute resolution methods that prioritize peace and cooperation:

Mediation:

Mediation involves working with a neutral third-party mediator who facilitates the resolution of family disputes by promoting the participants’ voluntary agreement. The mediator facilitates discussion encourages understanding, and focuses the participants on their individual and common interests.  The family mediator works with the participants to explore options, make decisions and reach their own agreements. It is essential to find an experienced mediator.    But it is also critical to find a family law attorney to either advise you or negotiate with you  to ensure your interests are effectively represented during the process.

Collaborative divorce:

Collaborative Divorce is another option that focuses on resolving conflicts through  negotiation rather than adversarial litigation. Both parties, along with their respective attorneys, commit to working together to reach a  settlement that works for bothe parties. Collaborative divorce often involves a team approach, including a mental health professional and a financial expert to address various aspects of the divorce. A skilled collaborative attorney can guide you through the process and help foster a cooperative environment.

The importance of peace in a divorce cannot be overstated. A peaceful divorce minimizes stress, preserves relationships, and allows for a more amicable co-parenting arrangement if children are involved. It also saves time and money by avoiding lengthy court battles. Therefore, finding an attorney committed to negotiation and keeping your divorce out of court is vital.

A skilled negotiating attorney will focus on finding common ground, exploring creative solutions, and advocating for your interests while maintaining open lines of communication with your spouse and their attorney. They will prioritize reaching a fair settlement that takes into account your unique circumstances and needs.

Additionally, a peace-oriented attorney will encourage respectful and constructive communication throughout the process. They will emphasize the importance of maintaining a respectful relationship, particularly when children are involved, and aim to find solutions that meet everyone’s needs. You may find that you and your spouse will communicate better during your divorce than you did during your marriage. 

In conclusion, finding the right divorce attorney in New Jersey for a peaceful resolution requires careful consideration.   Schedule consultations to find an attorney with experience, expertise, and a commitment to peaceful negotiations. Explore alternative dispute resolution methods like mediation and collaborative divorce, which can facilitate cooperative discussions and help you reach a fair settlement outside of court.  

The Divorce Process in NJ

kenrempell · May 9, 2023 ·

How do you start the divorce process here in New Jersey? A peaceful divorce does not start with one partner filing paperwork and serving the other. Hiring a divorce attorney and surprising your spouse by serving paperwork is never a good idea.  After years of helping clients through their divorce journey, I have learned that an efficient and effective divorce starts with the couple   committing to an amicable divorce.   For everyone, including children, it is important first to decide the divorce process and second to select an attorney faithful to that process with whom you are comfortable.  It is much better to start off on a peaceful path.        

  Once you know you are moving forward with the divorce, you must decide how you will divorce. And here you do have several options. The first question to ask yourselves is, “do you want to negotiate or litigate?” The former includes mediation, or a negotiation process, either cooperative or collaborative divorce, which relies on an atmosphere of respect, honesty, cooperation, and  integrity geared toward the future well-being of the family.      Whereas litigation, which I do not recommend, is when you each hire attorneys and prepare for battle. This is more costly, complex, and time consuming.    

Deciding to divorce doesn’t mean you have to fight. In fact, it’s often the end of the fighting. Families change when parents separate, but parenting does not end. Separation and divorce is a time to begin new parenting responsibilities and a new parenting relationship.  Once you decide to use a peaceful process, gather all your documents. We will need your marriage license, information on your children, and the most recent copy of all financial statements. Collect these as a couple.   Then,start to think about your goals.    For example, how will you leave the marriage financially comfortable for the future or what do you want your parenting schedule to look like considering your work schedules, children’s activities, and holidays?  Do not make demands or draw lines in the sand. Those actions are not productive. 

While it is unlikely you will have all the answers right away, starting to think about this will help identify problems requiring resolution.

The legal aspects of your divorce are actually fairly simple to file and have processed through the court once your agreements are in place.   You may hear from friends and family about how long and painful the divorce process is going to be – that just  isn’t true. Lengthy court battles are usually constructed by attorneys and their clients who enjoy fighting and “want their day in court.” In reality, before you get to a judge, you will have to go through a mediation process, so why not start a peaceful resolution process from the beginning?

As you and your spouse make these important decisions, I am here to help. 

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Law Offices of Kenneth F Rempell

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