In divorce litigation, there is only a trial if there are issues that the parties cannot agree on and require a judge to make a decision. Furthermore, even if litigation has commenced, the parties can settle specific issues or all issues at any time during the life of the case. The Court encourages the parties to settle their difference between themselves. When the parties are able to effectively communicate their settlement positions and the concerns they have for themselves and their families, oftentimes a settlement can be achieved by addressing the individual concerns in a detailed comprehensive agreement. Any time a case involved in the litigation process is settled, a divorce can be granted. Any time a post-divorce motion or plenary hearing is pending, a settlement can be reached and put into a written consent order thereby ending the litigation.
Michele E. D’Onofrio is a family law attorney practicing in Warren, New Jersey.