The distribution of assets can be complex and confusing, particularly when it comes to the division of a business.
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Are you divorcing a narcissistic spouse? - Read More
The easy answer under New Jersey law to that question is “no.”
Topics: Divorce, Equitable Distribution of Property, family court
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There are many laws that affect divorcing couples here in New Jersey.
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When selecting a lawyer to represent you in your New Jersey divorce case, you might be tempted to choose a lawyer who only represents clients of your gender.
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When analyzing your child custody situation, the starting point is the NJ custody statute, which mandates that in making its decision on custody, a New Jersey Family Court Judge is supposed to consider:
1. The parents' ability to agree, communicate, and cooperate in matters relating to the child.
2. The parents' willingness to accept custody, and any history of unwillingness to allow parenting time.
3. The interaction and relationship of the child with its parents and siblings.
4. The history of domestic violence (if any).5. The safety of the child and the safety of either parent from physical abuse.6. The preference of the child when of sufficient age and capacity to reason.7. The needs of the child.8. The stability of the home environment offered.9. The quality and continuity of the child's education.10. The mental, emotional, and physical fitness of the parents.11. The geographical proximity of the parents' homes.12. The extent and quality of the time spent with the child prior to or subsequent to the separation.13. The parents' employment responsibilities.14. The age and number of the children.We settle most of our custody cases by crafting a custom made parenting time arrangement for both parents, with the input of both parents and by consent.
When necessary, because the parties cannot work out a consent arrangement, a trial will take place.
After the trial, the Judge will consider the above factors together with the testimony of the parties in Court and other presented evidence, and the Judge will then decide the custodial terms in a written Court Order.
IF THIS ARTICLE WAS HELPFUL, YOU MIGHT WANT TO GET A DIVORCE EDUCATION
If your marriage is under stress, it might be helpful to learn how to protect yourself, your children, and your assets.
I've been a divorce specialist in New Jersey for 35 years, and I've successfully represented thousands of people during the toughest time of their lives.
I "get it" and I'm here to help.
I've written many articles on all types of divorce-related issues and they are all available to you, free of charge.
For example, DO YOU NEED MONEY from your spouse for your needs during the divorce case? Or will your spouse be seeking money from you and if so, how do you protect yourself so that you, too, can survive? My course answers all of this.
Is your spouse a NARCISSIST? If so, then you need to learn how to protect yourself during your divorce from your spouse's destructive behavior. My course will teach you that.
Do you want to move out and actually physically separate? Or is moving out going to hurt your CHILD CUSTODY case? There are things that I teach that will help you make that decision.
Is your spouse ABUSING ALCOHOL OR DRUGS? And if so, how can you protect your kids? I view substance abuse as a form of spousal abuse and I show you what to do.
Should you talk to a divorce lawyer?
And if so, how do you find a really good one? I'LL GIVE YOU A FORMULA FOR FINDING JUST THE RIGHT DIVORCE LAWYER FOR YOU.I encourage you to take a look at my NJ DIVORCE EDGE 2023 course. Sign up for free. You'll get an article immediately that takes you through the entire divorce process in under 10 minutes. People tell me that this article has helped them a lot.
If you don't like the course for any reason, there is an easy way to cancel at any time (although very few people do). And it costs you nothing.
In any event, I hope that this article has been helpful to you.
Until next time,
Steve
Steven J. Kaplan, Esq.
Specializing In Divorce
Throughout New Jersey5 Professional Circle
Colts Neck, NJ. 07722
www.KaplanDivorce.com
(732) 845-9010 - Read More
The most effective way of dealing with a narcissistic spouse in a Monmouth County, NJ divorce case is to document everything.
Our Family Court judges in Monmouth County often "get it" and will listen carefully to your testimony.
- Read MoreA. The alimony statute lists 14 factors that the court must consider. They are:
1.The actual need and ability of the parties to pay;
2.The duration of the marriage or civil union;
3.The age, physical and emotional health of the parties;
4.The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other;
5.The earning capacities, educational levels, vocational skills, and employability of the parties;
6.The length of absence from the job market of the party seeking maintenance;
7.The parental responsibilities for the children;
8.The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;
9.The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
10.The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
11.The income available to either party through investment of any assets held by that party;
12.The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment;