The municipal court is governed by state law. Its jurisdiction is limited to the community or city where it is located. If you have received a summons to go to municipal court, you are likely confused. Learn more about New Jersey municipal court to understand how it works and what to expect.Most cases in New…
A New Jersey Divorce Attorney Answers Common Questions
Many people tend to seek referrals and go by reviews when choosing a Divorce Attorney. When meeting for a consultation, most divorce lawyers allow prospective clients to ask questions about the process. Imagine having answers to the most common questions even before the first appointment to be prepared and enable better use of the time. Review some of these questions and answers here, freeing up the appointment period for further discussion.
Typical questions a Divorce Attorney hears
Every marriage is unique, and so is every divorce. Whether the separation came after years of unhappiness or a single event, it helps to have all the information you can get before starting. Arm yourself with the answers to some of the most burning divorce questions a lawyer hears.
How does property get split?
New Jersey adheres to the equitable distribution standard for dividing assets and debts. This does not apply to assets or property owned before marriage that are called separate property. Only those things acquired during the marriage can be divided. An equitable division does not mean both parties wind up with half. Instead, the court takes many factors into account when deciding who gets what share of the marital pot:
- Grounds for divorce
- Input into the marriage
- Amount of separate property each owns
As a 2019 article from The Balance pointed out, every person going through a divorce should understand the financial impact of divorce before making any agreements to a division.
How is child custody decided?
Child custody and support issues can become contentious. A judge has the option to grant sole legal custody or joint legal custody. In a sole custody situation, there is evidence that one parent is unfit to care for the children adequately. Courts across the country apply the best interest of the child principle when it comes to legal custody and which parent will be designated as the primary residential parent.
How is alimony calculated?
Some spouses need help becoming financially stable, especially when they have been out of the workforce for any length of time. Alimony may be awarded depending on how long the marriage lasted, the time apart, the financial needs of the lesser-earning spouse and the ability of the other spouse to pay. Alimony or maintenance payments are typically not permanent and have a termination date attached. If the marriage was particularly lengthy, or the health of the spouse who qualifies for alimony is in decline, the maintenance may have to continue longer than the law contemplates.
How does infidelity impact a divorce?
New Jersey allows adultery as a grounds for requesting the divorce. However, choosing this means disclosing the names of the parties involved and specific examples and evidence of the affair. In many cases, infidelity does not impact the division of property unless the spouse who cheated used marital assets during the affair. It is not unreasonable for a judge to expect restoration of the money during property division.
Finding a skillful Divorce Attorney may come down to reviews and perhaps an intuitive feeling. In any event, going through the process with proper representation may prove far better than trying to go it alone.
Are you considering a Divorce Attorney in the Sea Girt area? Get more information at https://www.ajclaw.com.
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