Although I am a strong advocate for a process of amicable negotiation, there are circumstances when going to court is the best option. For example:
- An uncooperative counterpart – when a court is necessary to compel a party to supply information that he/she is holding back, or a party refuses to, or is unlikely to negotiate in good faith.
- Personality disorders –
- Settling legal questions – if you prefer a narrower settlement based on established legal norms or setting new precedents.
- Desire for publicity
Under these conditions, the inability to reach resolution has little to do with issues but rather reflects the personalities, behaviors, and mental make-up of the parties. Even a simple, straight forward issue can become contentious, defying settlement.
Going to court during a divorce can be a problematic path fraught with animosity and strife. Entrusting a judge with the power to make crucial decisions about one’s personal life can lead to unpredictable outcomes that may not align with either party’s desires. Moreover, the process can quickly become an excessive expense, both financially and emotionally, draining valuable resources that could be better spent on rebuilding lives.
Regrettably, engaging in a courtroom battle often devolves into a protracted affair, consuming precious time that could be better invested in moving forward and finding closure. As such, it becomes increasingly evident that pursuing a divorce through litigation may not be the wisest course of action for those capable of seeking an amicable resolution.
We recommend settling your NJ divorce through negotiation. Aspiring to an amicable negotiation – mediation, collaborative divorce, or a cooperative agreement – can help you negotiate all aspects of your settlement without regard to complexity.