There are many issues that must be resolved when a couples decides to dissolve their marriage. In most cases, the relationship between the spouses is simply too strained for the couple to reach a mutually agreeable settlement on their own. Both individuals involved in the divorce are usually emotionally unstable and unable to make logical, sound judgments. The anger, bitterness, and resentment these couples often feel lead them to make decisions that are harmful to everyone involved, especially the children. Because of this, it is imperative that couples retain the services of a neutral, third-party mediator to facilitate their dissolution of marriage. When a couple is determined to enter into divorce proceedings, it will be in the best interests of both parties to retain the services of a New Jersey divorce lawyer.
Issues that Arise During Divorce Proceedings
There are a number of issues that will arise during divorce proceedings. Each of these issues has to be resolved in a satisfactory manner before the divorce decree can be finalized. Issues to which an agreeable conclusion must be reached include things such as:
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Asset and debt division
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Child custody
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Child support
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Spousal support
In the State of New Jersey, equitable distribution will be used to determine property division. While equitable distribution does not inherently indicate a 50/50 division of assets and debts, many courts do decree 50/50 splits. Equitable distribution will be applied to both marital and shared property. This property may include things such as:
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Savings accounts, 401k accounts, IRA accounts
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Business interests
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Personal property
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Real estate
While New Jersey law does require both parents to contribute to the financial support of their child, New Jersey law does not automatically require spousal support. Spousal support will be based on the court's perception of the need for spousal support. A New Jersey divorce attorney can provide expert legal guidance to their clients in regard to all aspects of divorce proceedings and settlements.
Determining Child Custody
While the courts can determine child custody, it is generally in the best interests of both the parents and the child for the parents to reach an agreement through collaborative measures. These collaborative measures include both mediation and arbitration. Utilizing these processes, parents can determine with whom the child will live and whether or not custody will be shared. When the parents can work in a cooperative manner to resolve these issues, both the parents and children will be happier with the final outcome. If parents are unable to work together to reach a child custody agreement, a judge will have to rule on the issue of child custody.
Contacting a NJ Divorce Lawyer
To ensure that each party's rights are protected during divorce proceedings, it is essential that spouses retain the services of a NJ divorce attorney. An attorney will work diligently to make certain that the wishes of both spouses are taken into consideration, and that the divorce decree is as fair, equitable, and reasonable as possible. A NJ divorce lawyer will treat each case with the respect, dignity, and discretion it deserves. Please contact an attorney for a consultation.
