10 Things to Consider Before Filing for Divorce

Making the decision to get married is one of life’s biggest milestones. When the relationship becomes unsteady or unhealthy many New Jersey couples find themselves considering going their separate ways. Before making the ultimate decision to end your union, here are 10 things to consider before moving forward with a divorce.

Filing for Divorce

Filing for Divorce in Somerset County

  1. You do not need to blame one spouse for the demise of the marriage. New Jersey has both “no-fault” and “fault-based options. No-fault divorce does not require you to prove misconduct, though misconduct may still be considered for parenting and other determinations.
  2. There are alternatives to divorce court. Many divorcing couples pursue collaborative divorce, mediation, binding arbitration, or other non-traditional and cost-effective methods of settling their divorce issues.
  3. Emotions can affect a divorce case. It is only natural to have negative feelings if your marriage is ending. However, acrimonious emotions can keep spouses from agreeing on many issues and can drag out a case significantly, as well as make a case more expensive.
  4. The best interests of your children is a priority. Courts base decisions regarding parenting, custody, and visitation based on the best interests of your children and not on your desire to have full custody. Joint custody is the norm unless one parent is found to be unfit (a difficult thing to prove).
  5. Do you have serious financial problems? Financial issues are a leading cause of marital breakdown. If you and your spouse have significant debt and are considering bankruptcy, you should consider the benefits of filing together while you are still married.
  6. What will happen to the family home? A home cannot simply be split down the middle like other assets. You will need to decide whether to sell the home and split the proceeds or whether one spouse will buy the other’s ownership interests to remain in the home.
  7. Are you or your children in danger? If domestic violence is a factor in your decision to divorce, you should discuss obtaining a protective order with your attorney as soon as possible.
  8. The court will expect progress in your case. Many people file for divorce and then fail to make any advancements in their case or to even discuss any issues with their spouse. A court will expect you to try to settle issues or the court will settle them for you.
  9. Going to trial is a drain on resources. If you cannot agree on issues and you must go to trial, it can cost involve a lot more time, money, and stress than settling the issues outside of court.
  10. Quality legal representation is critical. Many couples may try to save money by handling their divorce on their own when, in reality, having a qualified attorney representing your interests can save you a lot of money in the long run.

Contact an Experienced New Jersey Divorce Attorney Today

If you are considering divorce, you should discuss your options and rights with a highly experienced NJ divorce lawyer as soon as possible. At the Law Offices of Steven H. Fleischer, LLC, we have helped many people successfully resolve their divorces in an efficient manner. Please call us today 908-231-0052 for a free consultation.