Marital Settlement Agreements

Statistics show that less than 2% of all divorces filed in New Jersey actually go to trial.  98%+ divorce cases settle prior to trial.  That means that 98%+ of divorcing couples enter into and sign a marital settlement agreement (a.k.a. property settlement agreement).  In most cases, divorcing spouses resolve the issues in dispute through mediation, the collaborative divorce process, through the traditional litigation model before trial, negotiation between attorneys, and sometimes with the assistance of the court.  Many cases settle at or after the Early Settlement Panel (ESP).  When spouses settle their disputes, they enter into a formal, written, marital settlement agreement (MSA) which they sign.  These agreements are typically drafted and reviewed by attorneys and become a part of the final judgment of divorce which are enforceable as if they were court orders.