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
What is Emancipation in New Jersey?

As a general matter, New Jersey parents must pay child support until the emancipation of a child. Emancipation is a term that describes the occurrence of an event wherein a child has moved beyond the “sphere of influence” of his or her parents. In other words, emancipation is the act by which a parent relinquishes…

Read More
Blog
Divorcing Police Officers Face Unique Parenting Time Issues

Divorcing police officers and firefighters, like other clients, face a multitude of issues.  For most parties, the paramount concern is custody and parenting time when there are children born of the marriage. For most parents who work “9 to 5” jobs, there will be a traditional custody and parenting time arrangement.  This agreement is either…

Read More
Blog
Private School Costs in New Jersey Divorces

In a New Jersey case where the parties’ agreement calls for them to “equally divide…school costs,” and one party does not contribute to the costs for years, even though not explicitly asked to do so, a court can enforce the agreement and compel contribution. In the unpublished Appellate Division case of Fanelli v. Hnatowski, the…

Read More
Blog
Grounds for Divorce in New Jersey

A client may want a divorce, but may be unsure on what basis a court would grant them a divorce.  In New Jersey, there are several grounds for divorce.  The legal term for grounds for divorce is “cause of action.”  In every divorce, a party has to allege a specific cause of action that warrants…

Read More
Blog
What About The Family Dog!? Asked a Divorced Parent

For many of our clients, a family dog is an integral and beloved part of the family. They provide ample love and support.  We couldn’t possibly imagine having to part ways with a pet as a result of a separation or divorce. This is especially true for our client’s with children who have grown attached…

Read More
Blog
What Records and Documents Should I Gather if I am Considering a Divorce?

If you are considering a divorce in New Jersey, a wise starting point is to inventory your financial records and documents. Here is a list of 14 records you should gather: Social Security Earnings Statement.  This is a snap shot of both parties’ respective income.  The statement shows a clear picture of the earning history…

Read More
Call Now ButtonCall Us