During the divorce process or a different family law dispute, you have an opportunity to resolve your case through a settlement agreement or by having a judge decide. When you have a judge decide, what you get is a decision. With a decision, many people feel the judge does not know or missed certain points but the truth is, judges are busy and try to be fair to both parties but often, in family court, the outcome is worse than reaching an agreement. When making an agreement, both parties have input, in a trial, it is one person against another and many times what is said is lost somewhere in the middle. A sign of a reasonable deal is where both parties made concessions and can live with the deal. On the other hand, when the Judge renders a final order, your say is finished (except for an even more costly appeal). When you have a family law or divorce case, do your best to work with a lawyer who wants to help you settle, or a lawyer who will mediate between the two of you. Aside from that, have the mindset that you want to resolve the matter too. Making completely unreasonable demands will only make the other side walk away from the table.
In the end, the best way to settle your case is to be prepared. A lack of preparation is a sure way to fail. Prepare, Prepare and Prepare more. If the other side knows you are ready to litigate, they will be more inclined to settle.
As a Hudson County Divorce Attorney, I know the following all to well–A divorce in New Jersey does not go to trial unless on of the parties in the divorce action seeks to do so. It only takes one person to ruin a settlement negotiation and force a trial. While this is fine, you must be prepared and must prepare your divorce case as if you will go to trial from the onset. My team at the Artusa Law Firm is ready to try your divorce case regardless of which issues are in contention ranging from: alimony, child custody, parenting time, child support, equitable distribution, domestic violence/restraining order defense, attorneys fees and even the cause of action (adultery, extreme cruelty etc).
From the time I meet with someone in my Jersey City office, I try to understand what that individual’s case goals are, what are their motivating factors, which issues are more critical than others, are they willing to resolve the case without going to trial, are they willing to fight all the way? The more information I have, the more I can use the tools I have and use the training I received throughout my life. While a divorce is determined in a court room, it is lawyers job to help the Judge visualize how my client’s life is outside of court, how their children are outside of court and how a detrimental order or judgment will affect everyday, real life. A lawyer needs to have the Judge involved in the case and to prevent the Judge from thinking this is just another file with different names, same issues.
A humble wise man once told me, “Negotiate from a position of strength, not weakness.” His name is Curtis Dahl, one of my first mentors and dear friend, who is not an attorney but a business man, father, mentor, uncle, and friend. What does that quote mean to a divorce attorney in Jersey City? Everything. You must be fully prepared to go all the way when negotiating in a family law, divorce law, or criminal law situation.
When Curt told me about negotiating in strength, I was 23 years old, and I had no idea what he was talking about but as time went on, I understood and I apply it daily in my family law litigation practice.
Why would someone negotiate with you if they know you are not prepared or are operating from weakness? They will, but they wont give an inch (if they know what they are doing of course). Preparation is key to excellent representation in any law practice but especially in family law where important matters of parenting time, divorce, child custody and beyond are decided and hard to reverse. By preparing, you are building and strengthening your case, enabling you to negotiate from a position of strength, not weakness. The great Benjamin Franklin said it best, “Failing to prepare is preparing to fail.” At the Artusa Law Firm we believe that preparing for a case is critical and is one of the reasons why people call us from all over the United States to represent them in their family law cases. For more information about me, visit : Hudson County Jersey City Divorce Lawyer.
If you have a family law issue or divorce in Jersey City, Hudson County or beyond, contact us today on 201-706-7910.
The following information concerns the divorce process in Hudson County, New Jersey, one of the busiest courts in the State of New Jersey.
Step One- The creation of the divorce papers. The person filing the divorce is the Plaintiff and shall remain the Plaintiff for as long as the case goes on. The Judge takes no interest in who filed for divorce first, so if you are second and are considered the Defendant, don’t panic.
Step Two- The filing of the divorce. Once the divorce papers are signed and notarized, the papers are filed on the first floor of 595 Newark Avenue, Jersey City, NJ. The filing fee is $250 or $275 depending on if children/custody is at issue.
Step Three- The docket number and serving your spouse. This can be easy or stressful, depending on if you still reside together or not. If its unexpected, I would imagine, it is stressful, if it has been discussed and planned, then less stressful. You can have your spouse served or your spouse can sign an acknowledgement of service.
Step Four- 35 days. After service, your spouse has 35 days to respond to the divorce or he or she CAN WAIVE his or her right to answer if he signs an acknowledgment of service and waiver of answer.
Step Five- If he or she has signed, move for default. If he or she contests, check my blog on contested issues.
Step Six- Prepare the divorce judgment and go to court, YOU are DIVORCED. If you hire an attorney, a court date could be waived in Hudson County.
If you have a divorce case in Hudson County, contact the team at the Artusa Law Firm today on 201-706-7910.
The New Jersey Superior Court, Chancery Division-Family Part, Hudson Vicinage is located at 595 Newark Avenue, Jersey City, NJ. “595” is where all family law issues are heard before the various judges that focus on family law matters that pertain to Hudson County residents who seek to file new motions, divorce cases, and/ or former Hudson County residents that seek to modify an old court order. Jersey City Attorney Santo Artusa focuses his practice primarily on family law matters in New Jersey. Mr. Artusa’s team is well versed in family law matters appearing before Judges Daniel D’Alessandro, Judge Maureen Mantineo, Judge Edward Defazio, Judge Mirtha Ospina, Judge Maureen Sogluizzo arguing on behalf of their clients who seek: divorces, annulments, child custody, modifications of court orders, alimony, child support, domestic violence restraining orders, and beyond. If you have a case based in Hudson County and seek representation from attorneys that know and understand how to approach family law issues, contact the Artusa Law Firm today on 201-706-7910 to discuss your case confidentially.