Serving Hudson County, NJ
Hudson County New Jersey Divorce Attorney serving North Bergen, West New York, Union City, Jersey City, Hoboken, Weehawken, Secaucus, Bayonne, Kearny.
Facing a divorce can seem like an overwhelming experience. You aren’t just dismantling the home that you have built, but also unraveling the many ties that bonded you together. The process encompasses financial and emotional considerations which affect your life and future as well as that of your children. It may be helpful to understand the way that the courts in New Jersey approach a divorce. Basically, the New Jersey courts look at four basic categories:
- Equitable Distribution: The basic rule of Equitable Distribution is that any property acquired during the marriage has to be divided evenly between the parties. This involves the division of all property acquired during the marriage. The court looks at houses, cars, planes, boats, bank accounts, furniture, jewelry, fur coats, businesses, 401k accounts, pensions, etc. It is critical to know the present value of the property or asset as well date of acquisition as well as the source. The parties may negotiate to sell the assets to divide the proceeds or trade one asset for another.
- Alimony: Also referred to as Spousal support, Alimony is one of the most contentious issues in any divorce. Alimony is about income disparity. It is very common for one spouse to earn considerable more income than the other. Often it is a choice made by the couple for one spouse to stay home and raise the family while the other works. Whatever the particular case may be, the court considers many factors including but not limited to the need for alimony, the age of the parties, the health of the parties, the education of the parties, the future earning potential of each party, as well as any career sacrifices that one party may have made for the sake of the family.
- Child Custody: In New Jersey there are two types of custody which run concurrently. First is legal custody, this is the right of a parent to participate in all the important decisions in the child’s life. The right to participate in decisions relating to the child’s health and medical treatment, the right to be made aware of the child’s grades as well participate in school decisions. As well as the right to participate in other important decisions relating to where the child lives or travels. Second, is what is referred to as residential custody or physical custody. This is the right and control over the day to day decisions in a child’s life. For example, what and when the child eats, goes to bed, brushes their teeth, watches television. In other words, this is the parent with which the child will have primary residence.
- Child Support: This is the amount of money that the non-custodial parent pays the custodial parent as support for the children. This amount is based on each party’s income, as well considering medical insurance and other expenses.
Each of these areas has their own complexities and nuances. An experienced attorney can explain the law and guide you through the process. Your choices can make a dramatic difference in how you get through one of the most difficult times of your life. The right attorney can defend your rights and help you end your marriage with dignity.