Preparation for Divorce in Hackensack
Preparing for the divorce process is complicated and stressful. The process of dissolving a marriage or civil union will require the couple to make tough decisions on important family issues like finances, child custody, and dividing marital property.
A dedicated divorce attorney can help advise you on your legal rights when you are preparing for divorce in Hackensack. Hiring a lawyer can help a client achieve an outcome that is in their best interests.
Factors to Consider Before Filing any Paperwork
A divorce proceeding begins when either spouse files a complaint for divorce. However, an individual should take a number of factors into consideration before formally initiating a divorce.
The divorce process varies depending on whether the proceeding is contested or uncontested. In uncontested proceedings, the couple is generally able to come to a settlement agreement on the most important issues without Court intervention. These issues include matters such as:
- The grounds for divorce
- Child custody and visitation
- Child support
- Alimony or spousal support
- The distribution of marital assets
Although a judge can ultimately decide these issues at trial if a couple cannot come to an agreement, spouses can also begin to work together outside of Court to reach an amicable solution on these issues. The couple should each work with their own lawyer when beginning to negotiate divorce settlement terms.
The divorce process requires an individual to produce certain documents or other evidence to support their positions when negotiating a settlement. It is important that individuals preparing for divorce proceedings keep complete and accurate records of information relevant to their case.
For example, an individual will likely have to produce financial documents to resolve issues related to child or spousal support. These documents may include paystubs, bank statements, tax returns, investment account and stock ownership records, and mortgage statements or property records.
If the couple agreed to a prenuptial agreement as allowed under the New Jersey Uniform Premarital and Pre-Civil Union Agreement Act, this information is also crucial for settlement discussions.
A person preparing for the Hackensack divorce process must also consider mandatory State requirements regarding residency. Under N.J.S.A. 2A:34-10, at least one spouse must have resided in the State for at least one year immediately before the commencement of the divorce case.
Consider Commonly Contested Issues in Divorce Proceedings
When preparing for a divorce in Hackensack, an individual should consider what issues their spouse is most likely to contest. This will enable the person to gather the necessary documentation or evidence to support their position ahead of entering into settlement negotiations or any contested court proceedings.
For example, a partner seeking dissolution must consider their grounds for divorce when preparing for proceedings. While parties can seek a no-fault divorce due to irreconcilable differences under N.J.S.A. 2A:34-2, the rule outlines a number of fault-based grounds such as adultery, desertion, and physical or mental abuse. If someone chooses to file under fault-based grounds, they must gather evidence to prove their spouse’s fault in Court.
Another commonly contested issue to consider when preparing for divorce is the distribution of marital assets. According to N.J.S.A. 2A: 34-23.1, New Jersey follows the doctrine of equitable distribution when it comes to marital property. This does not mean a 50/ 50 split of all assets owned by either spouse because some of a spouse’s property may be considered exempt from being divided in the divorce. Additionally, equitable distribution does not necessarily mean a 50/50 split of marital assets. If one spouse wants more than a 50% share, they must provide evidence as to why they should get it.
Child support is also a hotly contested issue in divorce proceedings. If the couple cannot reach settlement terms, the Court will calculate child support using the State’s Child Support Guidelines and the factors set forth in N.J.S.A. 2A:34-23(a). The Court will consider factors such as the child’s needs, the parents’ income and overall financial situations, the age and health of the child and parents, and other relevant factors.
Depending on the couple’s financial situation, alimony or spousal support payments are a common heavily contested issue in divorce proceedings. If the parties cannot reach an agreement on their own, the Court can will determine the amount and duration of alimony under the factors set forth in N.J.S.A. 2A:34-23(b). The Court will consider a number of factors such as the duration of the marriage, parent earning capacities, any length of absence from employment, and overall financial history. Alimony may be payable for a number of years as limited duration alimony. Alimony may also be payable indefinitely open durational alimony until grounds present to terminate or modify present themselves.
Preparing to address these important issues before initiating the divorce process in Court can help avoid lengthy contested proceedings.
Contact a Hackensack Attorney When Preparing for a Divorce
The complexity of the divorce process is a major reason that an individual should not consider representing themselves in preparation for divorce in Hackensack. A person beginning a divorce must file a complaint and various other documents that are best prepared by an experienced divorce attorney.
A reliable family attorney from Moskowitz Law Group can advise you about necessary documentation and paperwork before commencing a divorce proceeding. Call now to discuss your case with our lawyers.
