New Jersey Divorce Blog

Whether one is married young or old, many things are brought into a marriage. Even if something is not of much value, when most individuals marry, they are combining their property. For the most part, this is workable, as married couples share most of their assets and property. However, when a couple decides to divorce, this could make it difficult to leave with what one brought in and what they seek to walk away with.

How will property be divided in a New Jersey divorce? New Jersey is an equitable distribution state. This means that it is the judge that decides what is considered to be a fair and equitable split of the property versus simply splitting the property in two. So this very well mean that a 50-50 split will not occur. In some cases, the judge will look at the earnings of each spouse. The higher earning spouse could leave the marriage with two-thirds of the property while the other spouse only gets one-third.

Divorcing couples in New Jersey are faced with many decisions throughout the dissolution process. Whether it is a long marriage or short, the division of property is a necessary step to take. Oftentimes, divorcing spouses are very much focused on the finances of the divorce. Not only does the process cost them much money, but they have to consider what it will cost to live the same lifestyle he or she was accustomed to during their union. This can lead to some spouses to request for spousal support.

Alimony can look very different from one spouse to the next, making it important that divorcing couples understand what types of alimony could be requested in their particular situation. These matters can get complicated, which is why the attorneys at Diamond & Diamond, P.A., are dedicated to helping spouses in the Millburn area better understand their situation and options.

Married couples acquire assets and property for their joint use. If the couple later divorces, the decision must be made as to which spouse gets what property. If the spouses cannot agree on who gets what, a family law court must make the decision for each spouse. Let's briefly review the method that New Jersey courts use to determine who gets what in a divorce.

Courts in the Garden State use the principle of equitable division when they are tasked with dividing a couple's property. This means that they will make the division on the basis of what is fair to each spouse. How do judges decide what is fair to each spouse? Judges will take into consideration a number of factors in making the decision. This means that a division of assets in New Jersey will always be very context-specific.

Almost all New Jersey parents want what's best for their children. The problem, however, is that parents don't always agree on how to do this. And when parents are separated or divorced, coming to an agreement on raising the children may be difficult or impossible for the parties to do on their own.

A few weeks ago, we told you about the factors that New Jersey courts take into account when they are making decisions regarding child custody. Not only will the court seek to make decisions in the best interest of the child, the court has guidelines to follow in making this determination. The two parties each have the opportunity to make arguments to the court, and the court will seek to impose a solution that will serve the child's best interests.