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New Jersey Divorce Blog

How are division of assets handled in a New Jersey divorce?

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.

Skills and experience can be crucial in a child custody case

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.

For child custody, what are the best interests of the child?

Ideally, when a couple decides to separate or divorce, they will be able to agree on matters of child custody. In the real world, this doesn't always happen, however. A few weeks ago, we mentioned that courts make child custody decisions based on the best interests of the child. Each state has its own standards for guiding judges in making this determination. This blog post will describe the factors that New Jersey judges often use to determine the best interests of the child for child custody purposes.

When determining what custody arrangement is in the best interests of the child, courts in the Garden State often will take into account the fitness of the parents and each parent's employment responsibilities. Courts also will look at the stability of the home environment and the child's interaction with their parents or siblings. Last but not least, if a child is age 12 or older, the court may take into account the child's own preferences.

Happy ending is possible after a high-asset divorce

When the rich and famous get divorced, there quite frequently is a fight over how the assets should be divided and whether there should be alimony obligations. Often, there are hard feelings after the process is done, and much of the couple's private business was discussed at length in the media. Not all celebrity divorces are like this, however. Movie star Drew Barrymore recently reflected on her divorce and how she moved on after her apparently fairy-tale marriage came to an end.

Barrymore separated from her husband, Will Kopelman, after three years of marriage. The couple has two daughters together. Barrymore pointed out that during their marriage, she read an article saying that she had gotten the happy ending she had sought - but then her marriage ended.

Some basic information about child custody

Child custody is among the most contentious issues in many divorce and separation proceedings. People often have strong, passionate feelings about where their children should live, what school they should go to, and how they should be raised. Like other aspects of divorce or separation, child custody decisions are governed by legal standards. Decisions are either made by the parties and approved by the court or made by the court if the parties cannot agree.

In order for a child custody arrangement to be approved in New Jersey, the court must find that it is in the best interests of the child. This is true not only for decisions made by the court, but also for decisions agreed to by the parties and approved by the court.

Don't handle a high-asset divorce alone

Whenever a business owner, a high-income earner or a high-value asset owner divorces, there can be thousands and even millions of dollars at stake in the asset division. After the asset division, there often are large amounts of money involved in alimony payments as well. New Jersey spouses will want to remember that continued receipt of alimony can hinge on the living situation of the receiving spouse.

Last month we told you about a case that may be impacted by New Jersey's new law on the effect of cohabitation on the right to receive alimony. An ex-husband claimed that his ex-wife and her boyfriend were cohabiting, and therefore the ex-husband should no longer have to pay alimony to the ex-wife under the new law. The ex-wife claimed that she and her boyfriend were not cohabiting, and therefore the alimony payments should continue.

How to keep your divorce private

One part of divorce which can concern many people is the matter of privacy. Divorce has a way of taking private matters and turning them into public scrutiny. It can be natural to feel that situations brought up during a divorce, such as lying, cheating or some type of mis-conduct may not be kept a private matter. This can certainly be a worry for a couple going through a high-asset divorce where the stakes can be higher, and the public curiosity may be greater.

You do not need to be a celebrity to have privacy worries during a divorce. If you are a local business owner or just concerned about how perceptions can change with family or friends, you can have legitimate concerns of your standing in the public eye. There are some ways you can ease your fears of sensitive information coming out during your divorce. If you are looking for privacy during your divorce, here are a few things you can do.

What can impact the effectiveness of “birdnesting”?

One term you may have heard thrown around lately when it comes to parents and divorce is birdnesting. Birdnesting is a living arrangement strategy that some parents have been turning to in the wake of a split.

Generally, in a birdnesting arrangement, the kids continue to live in the family home and the parents rotate living with them. Sometimes, in these arrangements, the parents get a shared apartment that they rotate using when it is not their “turn” to live with the kids in the family home.

Dividing a medical practice in divorce

Divorce is trying for everyone involved, but it can become even more complicated if you are dividing a business. After starting and building your own successful medical practice, it can be difficult to consider having to divide the value of your practice, especially if your spouse is not a doctor.

If you started your practice prior to getting married, the court may not view this as a marital asset, and it will likely remain untouched. However, if you started your practice after getting married and/or your spouse supported you through medical school, they may be entitled to more of the practice.

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