In a divorce, people can sometimes get caught up in “winning” and start to fight over every issue. It can be easy to lose sight over what is really important during the turmoil, especially during a highly contested divorce. While some things are absolutely worth fighting for, it can sometimes be better to let go of others.
First, any personal property that can be easily replaced may not be worth fighting over. You may really like the set of end tables in your living room, but for what you will pay your lawyer to go to court to ask to be awarded those tables, you probably could have purchased new ones ten times over. This is not to say that it makes sense to allow your spouse to have every piece of furniture in the house, but rather to keep in mind what is the true value of the furniture or personal property. If your spouse is adamant that he or she be able to keep a particular piece of furniture, it may be best to let that piece go in exchange for being awarded a different piece that you particularly like.
Conversely, personal property that cannot be replaced due to a high degree of sentimental value may very well be worth taking to court. These items may include such things as a silver set given during the marriage, christening gowns, a famous piece of art, or heirloom furniture. In short, items that simply cannot be purchased from a store, no matter the cost.
Children, of course, are most parents’ top priority in divorce. Both parents want the best for the child, and, naturally, children are definitely worth the hassle and cost of litigation. The big issues of expanded residential time or custodianship are often the subject of prolonged litigation for this reason. That said, the smaller issues could require a higher degree of flexibility.
Big ticket items are also typically worth taking to trial if an agreement cannot be reached. These include such issues as the house, a business, retirement accounts, or life savings. Some clients are eager to get the divorce over with and may try to end it quickly by just giving the other spouse the big items. While this may end your divorce without a big trial, it could have disastrous financial implications for you in the future. Keep in mind that whatever you give away now just to get done in a hurry, you can’t take back later. Once the settlement agreement is signed, it’s final. So make sure it’s something you can live with.
We have helped our clients make goals for their futures and decide what is important in their lives. Contact us today at (732) 479-4711 to talk about strategy, your divorce, and what’s worth fighting for.