Mercer County Divorce Lawyer
Divorce is common in the United States, but the legal proceedings associated with dissolving a marriage can be difficult to go through without assistance. Many divorce issues involve in-depth legal analysis from a family law attorney and sometimes lead to heated disputes that need to be resolved through litigation. Fortunately, a Mercer County divorce lawyer could answer all of your questions, address any issues that may arise during the course of your divorce, and help you achieve a favorable outcome in your case.
Property Disputes in Divorces in Mercer County
Most assets acquired by a couple throughout their marriage are considered marital property. A marital home is often the most valuable asset a couple owns, and when they choose to end their relationship, they will usually no longer share ownership of the residence. The court will have to decide how to divide this asset as well as all others that the parties accumulated during the marriage that a subject to division.
Property division in New Jersey divorce matters does not necessarily mean an equal 50/50 split, as the state’s legal standard for dividing assets is known as equitable distribution. This means that the court must divide the assets fairly rather than evenly. In disputed divorce matters, the judge is left to decide what is fair and equitable in this regard.
The court can rule that the couple must sell the home and split the value, or when economically feasible, one party can buy out the other and keep the home. Sometimes the parties might hold off on selling the home until the children reach adulthood. A Mercer County divorce attorney could offer guidance on the best options for asset division in a particular case.
Determining Marital Property
Not all property that divorcing spouses may acquire and possess is marital. State law provides that marital property is that which the individuals acquire together during the course of the marriage. Property that a person already owned prior to the marriage might belong to only one spouse. Personal gifts given to only one spouse or inheritances are usually not considered marital property.
Parties undergoing a divorce should immediately talk to a lawyer in Mercer County regarding their rights to any property they seek to retain after their marriage is dissolved. Once the assets are commingled, the court will include those items, funds, or accounts in the pool of marital property that is subject to division.
Divorce Issues Involving Children
Many couples find that creating a proper parenting schedule is the hardest part of a divorce. Courts often strongly prefer and it is New Jersey’s policy that children maintain an ongoing relationship with both parents. In an increasing amount of cases, the judge will lean towards a 50/50 split in time between parents.
The main issue in a custody case is the best interests of the child or children. Courts consider many different factors when deciding custody arrangements, and the analysis is often complicated. If one parent is unfit because of severe issues such as drug abuse, the judge will take these problems into account when making their decision. In many divorce cases, the court may decide that one parent is more responsible for caring for the children.
When the children involved are old and mature enough, they may be offered the ability by the court to weigh in on their custodial preferences. It could be incredibly important for a parent in this situation to discuss all of these matters in detail with an attorney familiar with the Mercer County divorce court system.
Consult a Divorce Attorney in Mercer County Today
If you are looking to dissolve your marriage, a divorce attorney could help you assert your rights and protect your interests throughout the process of your case.
Whether you have already begun official proceedings or are just considering a divorce, do not hesitate to seek help. A Mercer County divorce lawyer can relieve some of the stress you are facing and address your concerns. Contact us today to schedule your consultation.
