If you do like the sound of a cooperative approach to divorce or even just want to avoid the cost in time and money associated with a court case, you will have to make a series of important decisions. You and your spouse, soon-to-be ex-spouse, will both have to sign and approve every aspect of the divorce agreement, which means that even just one unresolvable conflict in any category can derail the process. 

To help avoid that, Monmouth County divorce lawyer Eric Hannum has put together a list of the top three areas of disagreement that you should discuss ahead of time to make reaching an agreement or compromise possible. 

• Division Of Property, Assets, And Debts

Everything you have bought and earned, as well as most of the things you have acquired during the marriage, will need to be separated. In New Jersey, this distribution also has to be equitable, which means a 50/50 split may not be sufficient for the court. 

The specific properties and assets that usually cause the most difficulty are usually the more expensive and meaningful ones. The house, the car, vacation property and so forth can be painful to separate from, just as debts can be scary or feel unfair to have to assign debts. If you are unsure about your legal options for dividing assets or you need help reaching an agreement, a lawyer’s office is a great place to start. 

• Custody And Visitation

Even more important than the division of property, minor children are often a huge source of conflict during divorce. You will not only need to decide whether to share legal and physical custody or to give it primarily to one parent or the other, but you will also need to decide on visitation schedules and rules. 

Deciding on custody can get highly emotional and seem unfair to everyone involved, including the children. Nevertheless, if you proceed with the best interest of the children and a cooperative approach to parenting in mind, you can often find a schedule and arrangement that minimizes harm and maximizes your chance of having the agreement approved by the judge. 

Given the difficulties involved in deciding on the future of your children, mediation or even arbitration may be required to reach a compromise. Fortunately, both are still faster, cheaper and fairer than going to court. 

• Child Support And Alimony

Finally, most divorce agreements will require some form of payment from one spouse to the other, often continuing for years into the future. If one parent has primary custody or more limited means, the other parent may be required to pay them child support to cover the costs of caring for the children involved. In addition, most spouses will either pay or receive alimony based on the duration of the marriage and the difference in their incomes and earning potential. 

While these amounts are often largely predetermined by court calculations and requirements, there is sometimes room to use them as bargaining chips during negotiations. For example, to help keep an asset or pension fund, you might offer to increase alimony payments in exchange. Such negotiations are risky without having a lawyer present to ensure you do not end up signing something unfair or illegal that a court will refuse. 

Divorcing is a big step and a tough one to take. Fortunately, you do not have to navigate the process on your own. In Monmouth County, New Jersey, divorce and family law lawyer Eric Hannum is ready to help you prepare your divorce agreement and fight for your interests in court if your spouse proves unwilling to compromise. 

To start the divorce process or find out more about your rights during one, call (732) 365-3299 or schedule a free consultation online to discuss your situation and needs.