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Divorce Proceedings and Flat Fees - When to Consider Alternatives to a Litigation Fight

Oct 26, 2015 @ 08:42 AM — by Michael Green

At Green & Associates, we are frequently asked, when do I fight, and when do I settle my divorce?  The answer, generally, is dependent on the facts and the parties of each case, so, it is often analyzed on a case by case basis.  However, there are some generalities regarding divorce litigation that may assist many when they are considering getting a divorce and wish to strategize how they may best proceed.  

Call us today at 732-390-0480 or 201-242-1119  to set up a free consultation to talk more about your divorce and whether you wish to proceed with an uncontested divorce or determine how best to formulate a litigation posture to fight for your rights!  We have night and weekend appointments.

If your spouse is eager to settle the case and so are you, without great legal costs and emotional difficulties, an uncontested divorce may be something the two of you can agree upon in short order.  That may include the drafting of the terms of your divorce in a property settlement agreement early on in the litigation, allowing you to pursue an uncontested divorce.  In these circumstances, often, we may be able to provide you a flat fee for certain services in a divorce that is amicable and uncontested early on.  We encourage you to ask us about our flat fee services for a default or uncontested divorce.

If the terms of your divorce are uncomplicated because you have a limited estate or for other reasons, again, this may allow the parties to explore an uncontested divorce early on in the litigation of their divorce.

Alternatively, if the parties are not amicable or their estate is complicated, their divorce may less likely lend itself to an amicable, uncontested divorce early on in the litigation.  In such circumstances, Green & Associates is prepared to fight to preserve your rights through trial if necessary.

In addition, if the parties have serious disagreements as to the custody of the children or alimony, again, it is less likely that the parties will be able to settle their case early on in an uncontested fashion.  Often custody matters require expert opinions and alimony may also require some expertise, including employability experts, in order for the court to make a determination as to either.  These are two of the most difficult areas in a divorce practice in terms of trying to settle a case amicably.

Finally, there may be a business that needs an appraisal to determine equitable distribution of that asset.  Again, often a forensic accountant must be retained to determine the value of a business.

So, child custody, alimony, business appraisals are all areas in a divorce that may make it necessary to litigate the case for a prolonged period of time in order to preserve a party's rights.  At Green & Associates, we are prepared to take your divorce case as far as you need to in order to fight for your rights!  Please call us today at 732-390-0480 or 201-242-1119 for a free consultation for your divorce.

We serve all of Middlesex, Bergen, Somerset, Monmouth, Mercer, and Union counties in New Jersey for a New Jersey divorce or divorce litigation, whether uncontested divorce or contested divorce.  Our offices are in East Brunswick  and Fort Lee for your convenience.  We also have weekend and night appointments for our free consultations.



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