Do I Need a Lawyer to Get Divorced?
The divorce process in New Jersey can be complex and often involves a great deal of legal knowledge. While it is possible to get divorced in New Jersey without the help of a lawyer, many people choose to retain a divorce lawyer to help ensure that their rights are protected throughout the process.
How Divorce Works in New Jersey?
The first step is usually filing for divorce with the court. This step requires providing information about both spouses and any children involved in the marriage. In addition, you will need to provide information about your marital property and finances, as well as an estimate of your monthly income and expenses.
Once the initial paperwork has been filed, a number of other steps may be required, such as attending mediation sessions or appearing in court for hearings or motions. Depending on the circumstances of your case, you may also need to engage in complicated asset division negotiations or take other steps to finalize your divorce.
An experienced divorce lawyer can help guide you through all of these steps and make sure that your interests are protected at every point in the process. They can advise you on how best to approach issues like child custody and support arrangements, spousal support payments, and property division negotiations. They will be able to represent you in court if necessary and work with you to ensure that all relevant paperwork is completed correctly and on time.
How Marital Property is Distributed?
When getting divorced in New Jersey, it is important to understand the difference between marital property and separate property, as that plays a key role in how property is divided in a divorce. Marital property refers to any assets or property that was acquired during the course of a marriage, while separate property refers to any assets or property that was acquired prior to the marriage, or was gifted or inherited during the marriage.
When it comes to dividing marital property in New Jersey divorce proceedings, there are several possible approaches. Some couples may choose to divide their assets equally between them, while others may opt for a more equitable distribution that takes each spouse’s circumstances into account. Some couples may choose to put their marital assets into a prenuptial or post-nuptial agreement in order to determine how those assets should be divided in case of divorce at a later date. If a couple cannot agree on how to divide their marital assets and debts, a court will step in and decide for them. When dividing up marital property, courts will take into account factors such as each party’s contributions to the marriage and the length of the marriage in order to determine what should be considered fair.
There are certain types of assets that may be considered separate property even if they were acquired during a marriage. For example, gifts and inheritances are typically considered separate property and will not be subject to division in a divorce settlement. Any assets acquired before the start of the marriage or after a divorce is finalized can also typically be considered separate property.
Child Custody Determinations
When it comes to child custody in a New Jersey divorce, there are a few different factors that are taken into consideration. These can include things like the child’s age and maturity level, their living situation before the divorce, and their relationship with each parent. If a judge finds that the child has an established preference for one parent or another, this can heavily influence their decision about who will have legal and physical custody of the child.
Courts will typically consider each parent’s ability to provide for the child’s emotional, physical, educational, and developmental needs. This could include things like each parent’s work schedule and availability to care for the child, as well as their overall parenting style and relationship with the child.
Alimony is intended to help one spouse maintain a similar standard of living after divorce as they did during the marriage. When determining how much alimony someone should receive or be required to pay, courts will typically look at a number of different factors. These can include things like both spouses’ earning potential, how long it would take for them to become self-sufficient given their education levels and work experience, and any special needs or circumstances that might affect their ability to support themselves. Other considerations might include each partner’s health status and age, as well as any tax implications associated with awarding or receiving alimony. With so many contributing factors, alimony is easier to determine with the professional perspective of an experienced divorce lawyer.
A Marlton Divorce Lawyer at Goldstein & Mignogna, P.A., Helps You Reach a Suitable Divorce
Getting a divorce is an emotional process, one that is often all-consuming. But to make sure that your rights are protected and your divorce reaches a fair conclusion, it may be prudent to speak with a divorce attorney. A Marlton divorce lawyer at Goldstein & Mignogna, P.A., is ready to help guide you through this process. Contact us today at 856-890-9400 or fill out our online form to schedule your consultation with our experienced team. From our offices in Marlton, New Jersey, we proudly serve our neighbors in South Jersey, Marlton, Burlington County, Camden County, Gloucester County, and statewide.