Fort Lee Divorce Lawyer
Much is at stake when a marriage unravels. From your house, personal assets, and pension to custody of the children, everything in your world may seem in transition. A Fort Lee divorce lawyer could provide invaluable support as you navigate this journey.
You may be overwhelmed by the impact of divorce, but it helps to understand the law and your rights. Our team of attorneys has the experience to support you and help with potentially life-changing decisions.
What Financial Issues do Courts Decide in a Divorce?
When couples divorce, they must split marital assets and debts. In New Jersey, the divorce process involves a compilation of everything the couple acquired while married. This includes all real estate, financial and retirement accounts, cars, and other personal assets. The marital estate excludes certain things like separate property a spouse owned before marriage and any inheritance received before or during the marriage. Each party must fully disclose everything, and these assets become the marital estate. The law then requires that property to be equitably distributed.
The courts look at many factors in deciding how to distribute the marital estate, including the length of the marriage, age of both spouses, whether one spouse stayed home with children, and the income and earning capacity of each individual. There is no simple 50/50 split, and an attorney familiar with divorce could analyze the facts of each case to help develop a strong strategy to present in court.
It is important to note that divorce divides marital debts as well as assets. However, a judgment of divorce does not apply to credit card companies. If one spouse does not pay a debt according to the divorce decree, the other must bring a lawsuit for breach of contract.
Spousal Support Laws in New Jersey
Spousal support may be appropriate in some cases. There are several kinds of spousal support, and a list of factors the court considers in awarding alimony.
Types of Alimony
The main types of alimony a court may award include:
- Open duration alimony lasts for as long as the recipient has a reason for not supporting themselves
- Rehabilitative alimony is short term assistance
- Limited duration alimony may be appropriate for a short-term marriage
- Reimbursement alimony pays back a spouse who supported the other’s education (the cost of tuition, for example).
Generally, the court considers the same kinds of factors in determining alimony; for example, the duration of the marriage, health of the parties, earning capacity, and whether one party stayed at home. As these are fact-sensitive, an attorney in Fort Lee who has experience handling divorce cases could help compile evidence when there is an alimony issue.
Child Custody, Visitation, and Support Issues
Divorcing parents must create a child custody and visitation plan. Courts prefer that parents create their agreements, but they will always view matters involving children based on the “best interests” of the child. When parents cannot agree, a court will decide custody and visitation.
Child custody can be both legal and physical. Legal custody involves decision-making about things like a child’s health and education. Physical custody means where the child resides. Both kinds of custody could be joint, sole, or shared, and each arrangement will impact the amount of child support owed. The financial support of the children is determined by the Child Support Guidelines, which factor in each parent’s income and the type of custody. This is a prescribed formula applied to each case.
Custody and visitation disputes can involve conflict, but with the support of an attorney advocate in Fort Lee who has experience handling divorce cases, parents may be better able to protect their rights and fight for a positive outcome.
Contact a Fort Lee Divorce Lawyer to Help You
Divorce is rarely easy, and you may feel overwhelmed by the process. Let our team of seasoned Fort Lee divorce attorneys support you from preparing to file all the way through to final divorce orders. Call today to start working on your case.