Skip to main content

Divorce Litigation

Why most divorces should be settled through mediation:

                As a divorce attorney, it is counterintuitive for me to advise my clients to avoid litigation. Litigation is what I went to law school for, why I participated in moot court and why I can recite the Federal Rules of Evidence in my sleep. I love to argue! Litigation however is rarely in the best interest of my clients, and since the Rules of Professional Conduct dictate that I must act in my client’s best interests, I feel compelled to tell them the truth.  Litigation will leave them in worse state then they started out in.
                I am not the only one that feels this way about litigation. In fact, there is a reason why the New Jersey Courts make the trial the final step in any divorce proceeding. Judges do not want to decide cases, and encourage litigants to find their own path to a resolution. It is arguable that court’s are motivated by the fact that they are overcrowded and understaffed, but whatever their reasoning, they are right. 
                Divorce is one of the most emotionally tolling and life altering events a person can face. Even the most amicable divorces can cause permanent scars. Instead of concentrating on healing themselves, people are thrown into a hostile litigious process where they are expected to make rational decisions about their children, finances and their future.  The results are often unfavorable to both sides and leave people more traumatized by the divorce process then the actual divorce itself.

                The better way to go about this is through mediation or by a new type of process called collaborative divorce. Both processes allow for people to remain in control of their future and to decide for themselves in a less stressful and non-time controlled environment.  




For more information  please contact our office at 201-880-5563 or visit us at www.ruizdoolanlaw.com for a consultation.

Disclaimer: The contents of this website are of general nature and not intended to be a substitute for legal advice or the formation of a lawyer-client relationship. In order to be properly represented, please contact your local professional. In addition, the information given on this web site has been composed by a New Jersey attorney practicing exclusively in New Jersey. None of the information contained herein should be deemed to apply in other states, nor should this website be construed as an attempt by the author to practice law in any state other than New Jersey. If you have any question regarding this website please contact our office directly at (201) 880-5563.
ADVERTISEMENT: This website contains attorney advertisement within the meaning of the Rules of Professional Conduct governing the practice of lawyers in the State of New Jersey.  This website is considered an “advertisement.” Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision. If the representations made on this website are inaccurate or misleading, you may report this to the Committee on Attorney Advertising, Hughes Justice Complex, P.O. Box 037, Trenton, NJ 08625.

Comments

Post a Comment

Popular posts from this blog

Divorce Mediation in New Jersey: In looking for a Divorce Mediator.

Divorce Mediation in New Jersey By: Marina Ginzburg, Esq. I. What should you expect from a Divorce Mediator in New Jersey? 1) Impartiality . People that are seeking the help of a divorce mediator need to know that the mediator does not take sides. We listen to both parties positions, their expectations and their needs and make recommendations in accordance to the facts presented. 2) Fair Dealing :  I am mentioning fair dealing because acrimonious process of divorce can have a painful and traumatic emotional reaction that often time one party gives up just to make the matter go away. This knee jerk reaction causes that party to put themselves in such as disadvantageous position that they may no be able to go back. By taking out the stress and the emotion of going to court the couple can reach a mutually acceptable agreement.   I mention the word acceptable because nobody is going to get 100% of what they want that is the reality.  The fact that the couple ca...
Post a Comment
Read more

Landlord's Return of Security Deposit to Tenant

The complete text of New Jersey’s security deposit law can be found at New Jersey Statutes Annotated 46:8-19 to 26. In New Jersey, generally a landlord must return the security deposit within 30 days after tenant move out or lease termination. The landlords are also responsible to return any accumulated interest or earnings. There are other situations in which the landlord has to return the money faster.  In the case in which a tenant has ended their lease because they are a victim of domestic violence, the landlord has 15 days to return the security deposit. Also, if a tenant has been displaced due to a floor, fire, evacuation or condemnation of property, the landlord is required to return the security deposit within 5 days. A landlord may be able to keep all or a part of a tenant’s security deposit for unpaid rent and for damage to the property in excess of normal wear and tear.  However, the landlord is not allowed to make any deductions from the security deposit unt...
Post a Comment
Read more

NEW JERSEY EQUITABLE DISTRIBUTION

New Jersey is an Equitable Distribution State. This means that marital assets will be divided in a manner that is considered fair but not necessarily equal for the parties. Below we have developed an outline to give a general overview on Equitable Distribution in New Jersey. Equitable Distribution in New Jersey an Outline Overview. I.         Assets subject to Equitable Distribution a.         Assets that are Acquired During the Marriage b.       Assets acquired in contemplation of marriage II.       Assets Immune by Statute a.        Premarital – except the increase in active assets value due to efforts of non-owner. b.       Inheritances c.         Gifts from third parties III.     Specific Assets: Subject to Equitable Distribution a.  ...
Post a Comment
Read more