Blog

What should you think about if considering a divorce?

 

While each case is different, there are general issues every client must contemplate when considering a divorce in New Jersey.

Custody & Parenting Time

The first and foremost consideration is if there are any children of the marriage. If so, the issues of custody and parenting time must be addressed. There are two different types of custody. Legal custody and residential custody. With regard to legal custody, there is sole legal custody or joint legal custody. In most cases, parents share joint legal custody. This means that the parents have equal say in making decisions regarding the child’s health, education, religion, safety and welfare. One parent is usually designated Parent of Primary Residence for residential custody while the other is designated Parent of Alternate Residence. The Parent of Primary Residence is the parent where the child spends the greater amount of their overnights. The Parent of Alternate Residence will have parenting time with the child based on a schedule that either the parties agree upon or as is ordered by the Court.

Child Support

Child support is an important issue. However, there are a host of other considerations a parent must address.  Expenses like day-care, camp, extra-curricular activities, private school, college, and medical expenses are generally also paid.

Alimony

Alimony is based on statutory factors which include the length of the marriage, age and health of the parties, needs of the spouse that requires alimony and the ability of the paying spouse to pay. As such, it is important to know each party’s income information which must include all sources of income.

Equitable Distribution

All assets and debts acquired during the marriage must be identified, valued and divided in an equitable way. So, depending on the facts of each case, experts may need to be hired to value assets.  These assets may include businesses, real estate or pensions.

The above is a skeletal outline of what you should be considering if you are contemplating a divorce. Each case is fact sensitive and unique. It is important to protect yourself and your children, as well as your financial stability.  Therefore, every issue in your divorce case must be considered and addressed.

Please contact me at jlawrence@lawlawfirm.com if you have questions about this post or any other family law matter.

Subscribe to Our Blog

SHARE THIS POST:

Related Posts

Blog
Legislative Impact on Family Law – A Sneak Peek

I knew I wanted to be a lawyer for as long as I can remember. My father is a retired juvenile detective from New Jersey.  I developed my love for the law through him. Law school proved challenging, requiring round-the-clock studying, but this diligence allowed me to graduate second in my class. Throughout law school and…

Read More
Blog
A Modern Family – Third Parties Raising Children

The definitions of  “parenthood” and “family” continue to evolve. Today, it is not uncommon for a child to have a parent-child relationship with someone other than the biological parents. As the needs of children change, and as society changes, so does the law surrounding custody and parenting time. Therefore, a third party who lives in…

Read More
Blog
Special Needs Child Support in New Jersey

I often hear attorneys say calculating child support is the easiest part of their job. In New Jersey, we have Child Support Guidelines.  As such, the New Jersey guidelines will be presumably accepted by both the parties and the Court. Child support is based on the parties’ respective combined available net income.  The support is…

Read More
Blog
The Role of a Parent Coordinator in Custody Issues

Custody and parenting time issues are highly contentious and hotly contested in many New Jersey divorce cases.  Because of this, a Parent Coordinator can serve divorcing parties well by assisting them in trying to resolve their issues. Often times when either the parties agree or the Court enters an Order regarding same, a Parent Coordinator…

Read More
Blog
Prolonged Separation = Divorce Complications

The New Jersey Appellate Division case of Milcarsky v. Milcarsky, confirmed the trial court’s decisions about thorny issues resulting from prolonged separation. In this case, the parties separated after nine years of marriage.  However, neither filed for divorce until 2015, 11 years later. The court treated this marriage as one of 20 years’ duration. The…

Read More
Blog
What the heck is a QDRO?

Retirement accounts are often a divorcing couple’s largest asset – the home being another.  A QDRO must be entered by the court to divide retirement assets during a divorce in New Jersey. What does QDRO stand for? Unless you are going through, or have gone through a divorce, you have probably never heard of a…

Read More
Call Us