Divorce

What Is the Impact of Divorce on Your Work Performance?

Our Skilled Paramus Divorce Lawyers at Torchin Martel Orr LLC Help Clients Navigate the Divorce Process

When going through a divorce, you may need to think about its impact on your children, who will be responsible for paying alimony and child support, how the marital property will be divided, and more. All of this can divert your attention, causing you to lose focus on work. While there are negative implications, there are also positive ones.

How Can Divorce Have a Positive Impact on Your Work Performance?

According to a study from the University of Minnesota, the number of individuals who reported that divorce positively impacted their work was comparable to the number that reported a negative impact. Close to 45 percent of employees reported a decrease in performance, negative mood at work, financial impact, and health issues due to the stress and emotional pain associated with the divorce. Nearly 40 percent said that removing stress, renewed career motivation, and newfound independence positively impacted their work.

According to a Carlson School of Management Professor, some employees felt that going to work was a distraction from the divorce’s negativity. Others said that divorce removed a significant stress burden, allowing them to focus more energy on career goals. Divorce is a complex and personal experience, and how each copes with divorce at home and work depends on their circumstances.

What Can I Do to Stay Productive at Work During Divorce?

While there is no avoiding the emotional and financial challenges that a divorce can bring, there are things you can do to take care of your physical and mental health so that your divorce does not have a negative impact on your professional life. Keep the following strategies in mind as you navigate the divorce process:

  • Take time to reflect. Set aside time to meditate, journal, or engage in other activities that allow you to process your emotions.
  • Stay physically active. Regular exercise helps to relieve stress and elevate mood.
  • Seek professional help. Seek emotional support from a counselor or therapist.
  • Build a support network. Rely on friends and family to provide support and perspective.
  • Get enough sleep. This is important to maintain physical and emotional well-being.
  • Maintain a healthy diet. This is an important part of a healthy lifestyle and can significantly impact mood and energy levels.

Our Skilled Paramus Divorce Lawyers at Torchin Martel Orr LLC Help Clients Navigate the Divorce Process

If you are seeking a divorce, do not hesitate to contact our Paramus divorce lawyers at Torchin Martel Orr LLC. We understand how difficult a divorce can be and how it can impact your life. Our dedicated legal team will assist you with every step of the process, address your questions and concerns, and pursue the best possible settlement outcome. To schedule a confidential consultation, call us today at 201-971-4866 or complete our online form. Located in Paramus, New Jersey, we serve clients in Bergen County, Morris County, Essex County, Hudson County, and the surrounding towns in northern New Jersey.

Co-Parenting and Extracurricular Activities: What You Should Know?

An Experienced Bergen County Divorce Lawyer at Torchin Martel Orr LLC Will Provide Legal Guidance on Your Co-Parenting Issues

Co-parenting after a divorce or separation can complicate managing your children’s extracurricular activities. These activities play a significant role in their development, providing opportunities for personal growth, socialization, and skill-building. However, coordinating schedules, sharing expenses, and deciding which activities to pursue can be difficult for ex-spouses.

How Should Co-Parents Decide Which Activities to Pursue?

Co-parents should prioritize their children’s interests and abilities when selecting extracurricular activities. It is important to involve children in decision-making, considering their preferences and passions.

Parents should also take into account:

  • The child’s age and developmental stage.
  • Time commitments required.
  • Financial considerations.
  • Potential conflicts with other family obligations or custody arrangements
  • Transportation.

Both parents should have input and strive to reach mutual agreements that serve the best interests of their children.

How Can Co-Parents Effectively Communicate About Extracurricular Activities?

Shared calendars or co-parenting apps can keep track of schedules and events; establishing regular check-ins to discuss upcoming activities and any concerns also helps. We encourage ex-spouses to be respectful and courteous in all interactions.

It is also essential to share important information promptly (such as schedule changes or performance dates). Last-minute information can cause unnecessary stress. By maintaining open lines of communication, co-parents can minimize conflicts and create a healthier environment for their children.

How Should Expenses for Extracurricular Activities Be Divided?

Addressing this issue in the parenting agreement or custody order is advisable to avoid future disputes. Common strategies include:

  • Splitting costs equally between both parents.
  • Dividing expenses proportionally based on each parent’s income.
  • Assigning specific activities or costs to each parent.
  • Creating a shared fund for extracurricular expenses.

Co-parents should strive for transparency in financial matters, keeping records of expenses, and sharing receipts. If disagreements arise, an attorney can help find an equitable solution.

How Can Co-Parents Handle Scheduling Conflicts?

Scheduling conflicts are common when managing extracurricular activities across two households. To address these challenges, prioritize flexibility and be willing to compromise. Consider alternating attendance at events or performances, explore options for modifying custody schedules, and be willing to adjust plans when unexpected situations occur.

What If Co-Parents Disagree About Extracurricular Activities?

When co-parents cannot reach a consensus, several options are available:

  • Seek mediation to facilitate productive discussions and find mutually acceptable solutions.
  • Consult with a family therapist or counselor for guidance on co-parenting strategies.
  • Review and potentially modify the existing parenting agreement or custody order.
  • As a last resort, seek court intervention to resolve ongoing disputes.

Resolving disagreements outside of court whenever possible is generally preferable, as this approach tends to be less adversarial and more cost-effective.

How Can Co-Parents Support Their Children’s Participation in Activities?

Supporting children’s involvement in extracurricular activities requires cooperation and commitment from both co-parents. We recommend attending events and performances whenever possible and showing interest in the child’s progress and accomplishments.

Co-parents can also provide the necessary equipment and materials for the activity and assist with transportation to and from practices or events. Just as importantly, they should aim to encourage the child’s efforts and offer positive reinforcement.

Co-parents can create a positive and nurturing environment that promotes personal growth and development by working together to support their children’s interests.

An Experienced Bergen County Divorce Lawyer at Torchin Martel Orr LLC Will Provide Legal Guidance on Your Co-Parenting Issues

A knowledgeable Bergen County divorce lawyer at Torchin Martel Orr LLC will guide you in creating effective parenting agreements, resolving disputes, and protecting your children’s interests. To learn more, call 201-971-4866 or submit our online form. Located in Paramus, New Jersey, we serve clients in Bergen County, Morris County, Essex County, Hudson County, and the surrounding towns in northern New Jersey.

Can I Request a Child Support Modification?

Our Paramus Divorce Lawyers at Torchin Martel Orr LLC Assist Clients Through the Child Support Modification Process

Life is full of unexpected changes, and sometimes, those changes can significantly impact your financial circumstances. When such changes occur, they may warrant a modification of your child support order. Understanding when and how to request a child support modification is crucial for ensuring that your child’s needs are adequately met while maintaining fairness to both parents.

Understanding Child Support Orders

In New Jersey, child support orders are established based on the parents’ income, the child’s needs, and several other factors. These orders are designed to ensure children receive adequate financial support from both parents. However, the original support amount may no longer be appropriate as circumstances change. When significant changes occur, either parent can request a modification to the child support order.

Grounds for Child Support Modification

To modify a child support order in New Jersey, you must demonstrate a substantial change in circumstances. This means that the change must be significant enough to impact the financial situation of either the parent or the child’s well-being. Here are some common circumstances that may justify a child support modification:

  • Changes in Income: If either parent’s income significantly increases or decreases, it can affect their ability to pay child support. Job loss, promotions, demotions, or changes in employment status can all be valid reasons for requesting a modification.
  • Changes in the Child’s Needs: As children grow, their needs may change. Increased educational costs, medical expenses, or special needs can justify modifying the support order.
  • Changes in Custody Arrangements: A significant change in the custody arrangement, such as one parent gaining primary custody or substantial shifts in parenting time, may warrant a review and adjustment of child support.
  • Remarriage or New Dependents: If the parent paying or receiving support remarries or has additional children, this can impact their financial obligations and may justify a modification.
  • Cost of Living Adjustments: Significant changes in the cost of living, such as inflation or housing costs, can also be grounds for modifying child support.

The Process of Requesting a Modification

To request a child support modification in New Jersey, you will need to follow specific legal procedures. Here is a step-by-step guide to help you navigate the process:

  • Filing a Motion: The first step is to file a motion with the family court requesting a modification of the child support order. This motion must include detailed information about the change in circumstances and why a modification is necessary.
  • Gathering Evidence: You will need to provide evidence to support your claim of changed circumstances. This can include pay stubs, tax returns, medical bills, and any other documentation demonstrating the need for a modification.
  • Serving the Other Parent: Once you have filed your motion, you must serve a copy to the other parent. This ensures that they are aware of the request and have an opportunity to respond.
  • Court Hearing: The court will schedule a hearing to review the motion. Both parents will have the opportunity to present their case and provide evidence. The judge will consider all relevant factors before making a decision.
  • Legal Representation: An experienced lawyer can significantly improve your chances of a successful modification. An attorney can help you prepare your motion, gather evidence, and represent you in court.

Our Paramus Divorce Lawyers at Torchin Martel Orr LLC Assist Clients Through the Child Support Modification Process

If you are experiencing significant changes in your financial circumstances or your child’s needs, it may be time to consider requesting a modification of your child support order. The process can be complex, but our Paramus divorce lawyers at Torchin Martel Orr LLC will help. Call us at 201-971-4866 or complete our online form to schedule a consultation. Located in Paramus, New Jersey, we serve clients in Bergen County, Morris County, Essex County, Hudson County, and the surrounding towns in northern New Jersey.

Can Social Media Be Used During Divorce?

A Bergen County Divorce Lawyer at Torchin Martel Orr LLC Will Advise You About Social Media Concerns Before, During, and After Your Divorce

Social media has become integral to our daily lives, shaping how we communicate. Yet, social media can impact legal proceedings and your well-being during a divorce. It presents risks that you will want to avoid.

Social media can serve as evidence in a divorce case. Posts, photos, and messages shared online can influence child custody, alimony, and asset division. Social media can also shape public perception of your character and behavior, potentially affecting the court’s decision. Be mindful of what you post on social media during a divorce, as it can have far-reaching consequences on the outcome of the case.

What Should I Avoid Posting on Social Media During My Divorce?

To protect your interests during a divorce, avoid posting:

  • Negative Comments: Avoid making negative or disparaging remarks about your ex-spouse or the divorce process.
  • Questionable Behavior: Do not share photos or updates that could be interpreted as irresponsible or inappropriate, such as excessive drinking or partying.
  • Financial Information: Avoid discussing financial matters, purchases, or assets on social media, as this information could be used against you in court.

Can Social Media Activity Be Used Against Me in Court?

Yes, social media activity can be used against you in court if it contradicts statements or claims made during the divorce proceedings. For example, claiming financial hardship but posting photos of lavish vacations or expensive purchases could undermine your credibility and affect the court’s decision.

How Can I Protect Myself on Social Media During My Divorce?

To protect yourself on social media during a divorce:

  • Review and adjust your privacy settings to control who can view your posts and personal information.
  • Before sharing anything online, consider how your ex-spouse, their attorney, or the court might perceive it.
  • To maintain confidentiality and avoid potential legal consequences, refrain from discussing details of the divorce or legal proceedings on social media.

Can Social Media Impact Child Custody Arrangements?

Social media activity can influence child custody arrangements because judges prioritize the child’s best interests when determining custody. Social media behavior that suggests irresponsible parenting or inappropriate conduct can be detrimental to a custody case.

What Should I Do If My Ex-Spouse Posts Negative Content About Me on Social Media?

If your ex-spouse posts negative content about you on social media, document the posts but refrain from engaging. Consult your attorney to discuss potential legal actions or strategies for addressing the situation. Avoid retaliatory behavior, as it may escalate conflict and harm your case. Focus on protecting your reputation and well-being during this challenging time.

Can I Use Social Media to Gather Evidence Against My Ex-Spouse?

Yes, but it must be done legally and ethically. Avoid any actions that could be considered an invasion of privacy or harassment. Consult with your attorney to ask if any evidence obtained from social media is admissible in court.

How Can I Use Social Media Wisely During My Divorce?

The wisest advice about using social media during a divorce is to limit your interactions. It is common for people to post when they are feeling emotional, where the problem often starts. After you adjust your privacy settings, prioritize your emotional well-being and refrain from sharing sensitive information that could be used against you in court.

A Bergen County Divorce Lawyer at Torchin Martel Orr LLC Will Advise You About Social Media Concerns Before, During, and After Your Divorce

It is important to have trusted legal guidance when going through a divorce. Contact a Bergen County divorce lawyer at Torchin Martel Orr LLC for personalized legal support tailored to your unique situation. Submit our online form or call us at 201-971-4866 to schedule a consultation. Located in Paramus, New Jersey, we serve clients in Bergen County, Morris County, Essex County, Hudson County, and the surrounding towns in northern New Jersey.

How Can I Protect My Parental Rights During a Divorce?

Our Bergen County Divorce Lawyers at Torchin Martel Orr LLC Will Protect Your Parental Rights During the Divorce Process

If you and your spouse have made the difficult decision to file for divorce, this can be a challenging process, particularly if you have children. While there are a range of important issues that you will need to resolve during the divorce process, including spousal support and the distribution of marital property, your children’s best interests are likely your top priority. Too often, however, couples cannot reach an agreement when it comes to custody and parenting issues, particularly if the divorce is contentious. In addition, when emotions are running high, parents may say or do something that can hurt their parental rights going forward. By keeping the following tactics in mind, you can protect your parental rights while navigating the divorce process.

Hire a Divorce Lawyer

One of the first and most essential steps to protect your legal and parental rights during a divorce is to retain a lawyer with experience negotiating complex custody and parenting issues. The sooner you schedule an initial consultation, the sooner you can discuss the unique challenges you are experiencing and determine the best course of action to protect your parental rights.

Maintain Communication With the Other Parent

While this can be easier said than done, it is in everyone’s best interest to communicate respectfully and productively. In some cases, hiring a mediator to help you address the key issues and recommend possible solutions, including parenting rights, may improve communication.

Abide By the Court’s Rulings

Too often, individuals fail to comply with the court’s order, which can negatively impact their parental rights and result in legal penalties. For example, if the custodial parent prevents the noncustodial parent from exercising their court-ordered parenting time because the noncustodial parent has fallen behind on child support payments, this violates an existing court order and may result in sanctions being imposed. In addition, if this behavior continues, the court may issue an order that awards custody to the other parent.

Make Every Effort to Co-Parent

Co-parenting is when divorced or separated parents agree to make a concerted effort to work together to raise their children. This can be challenging, depending on the nature of your relationship with your former spouse. It requires both of you to communicate regularly and discuss issues that affect your children, which can be difficult if you struggle to maintain a respectful and productive relationship. However, if your children’s best interests are your top priority, you should try to set aside your issues and focus on co-parenting your children.

Our Bergen County Divorce Lawyers at Torchin Martel Orr LLC Will Protect Your Parental Rights During the Divorce Process

If you and your spouse are getting a divorce and have questions or concerns about your parental rights and what steps you can take to protect them, contact our Bergen County divorce lawyers at Torchin Martel Orr LLC. We will help you navigate every step of the divorce process, discuss any issues you have particular concerns about, and negotiate the best possible settlement that protects your parental rights and prioritizes your children’s best interests. To schedule a consultation, call 201-971-4866 or complete our online form. Located in Paramus, New Jersey, we serve clients in Bergen County, Morris County, Essex County, Hudson County, and the surrounding towns in northern New Jersey.

Who Pays for Summer Camp After Divorce?

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Divorced parents are often confronted with unprepared decisions, especially regarding financial responsibilities. One example is who pays for summer camp. Planning can alleviate some of the stress associated with these decisions and ensure that both parents understand their obligations.

Can Summer Camp Expenses Be Addressed in the Divorce Agreement?

Yes, summer camp expenses can be addressed in the divorce agreement. Including provisions for summer camp costs clarify each parent’s financial responsibilities and avoid disputes. These provisions typically outline how the costs will be divided between the parents, considering factors like each parent’s income and the child’s specific needs.

The responsibility for paying for summer camp depends on the terms of the divorce agreement and each parent’s financial circumstances. In some cases, parents agree to split the costs evenly. In other cases, one parent may cover the full expense.

Parents should communicate openly and honestly about their financial capabilities. That is the best way to reach a mutually agreeable solution that prioritizes the child’s best interests.

What If One Parent Cannot Afford to Pay for Summer Camp?

If one parent cannot afford their share of the summer camp expenses, they may request a modification to the divorce agreement. That could involve:

  • Renegotiating the terms of the agreement to reflect the parent’s changed financial circumstances.
  • Seeking assistance from the court to ensure that the child’s needs are met.

Parents can be proactive about addressing any financial challenges that may arise. Working together can help find a solution that works for everyone involved.

Can Summer Camp Expenses Be Considered Child Support?

Summer camp expenses can be considered child support if they are outlined in the divorce agreement. However, the agreement should specify how the expenses will be categorized and accounted for. This can prevent confusion and disagreements over financial obligations. It can also encourage parents to clearly understand their responsibilities regarding summer camp costs.

What If Parents Disagree on Summer Camp Expenses?

If parents cannot agree on managing summer camp expenses, they may need to seek resolution through mediation or, if necessary, court intervention. Mediation can provide a structured environment for parents to discuss their concerns and work together to find a solution that meets the needs of all parties. If mediation is unsuccessful, the court may need to step in and decide based on the child’s best interests.

Resolving the issue of summer camp expenses after divorce can be challenging. Parents can allow their children access to enriching summer activities without financial strain with proper planning and communication. By addressing these expenses in the divorce agreement and working together to find a mutually agreeable solution, parents can prioritize their children’s well-being and avoid unnecessary conflicts.

Are There Alternatives to Expensive Summer Camps?

If the prices of summer camps seem too costly, consider local community programs, public park activities, or library events. You can also explore affordable options like day camps run by nonprofits or religious organizations.

Need an Experienced Paramus Divorce Lawyer? Contact Torchin Martel Orr LLC for a Confidential Consultation

For legal assistance with divorce matters, such as financial responsibilities after divorce, contact Torchin Martel Orr LLC. Our Paramus divorce lawyers are here to help. Located in Paramus, New Jersey, we serve clients in Bergen County, Morris County, Essex County, Hudson County, and the surrounding towns in northern New Jersey. Complete our online form or call us at 201-971-4866 for more information.

Who Keeps the Pets in Divorce?

pet custody

Couples often share not only children but also beloved pets. While child custody is a primary focus in divorce proceedings, the fate of those pets is also significant for many couples.

Unlike children, pets are considered property under the law, so custody decisions are based on factors like primary caregiver, living situation, and the pet’s best interests. Courts aim to ensure the pet’s well-being while considering each spouse’s ability to care for the animal.

When spouses cannot reach a mutual agreement regarding pet custody, the court will intervene and make a determination based on several factors. Those include each party’s ability to care for the pet and the animal’s best interests.

What Factors Influence Pet Custody Decisions?

Courts consider several factors to protect the animal’s well-being when determining pet custody. They may prioritize the spouse who primarily cared for the pet during the marriage, including feeding, grooming, and veterinary care. The court also assesses each spouse’s living arrangements and whether they can provide a suitable environment for the pet. Those determining factors might be adequate space, safety, and outdoor access.

The pet’s welfare will also be prioritized when making custody decisions. The following may be considered:

  • The animal’s attachment to each spouse.
  • It’s physical and emotional needs.
  • Any unique requirements or medical conditions.

If spouses can agree on a custody arrangement for their pet, the court will typically honor their wishes as long as it is deemed reasonable and in the pet’s best interests.

How Can Couples Reach Acceptable Agreements About Pet Custody?

To avoid contentious legal battles over pet custody, couples can explore alternative dispute resolution methods, like mediation or collaborative divorce. These approaches encourage open communication and cooperation between spouses to negotiate a mutually acceptable custody arrangement for their pets.

By working together with the guidance of experienced legal professionals, couples can develop creative solutions that prioritize the pet’s welfare and minimize conflict throughout the divorce process.

What Can I Do to Improve My Chances of Keeping My Pet?

If keeping your pet is a top priority, there are steps you can take to strengthen your case:

  • Keep records of your involvement in caring for the pet, including feeding schedules, veterinary visits, and expenses incurred.
  • Outlining your plans for the pet’s care and well-being post-divorce will show the court that you are dedicated to providing a loving and stable home.
  • Try to reach a mutually agreeable custody arrangement with your spouse outside of court. Emphasize the importance of maintaining the pet’s routine and minimizing disruption to its life.
  • Consult with experienced divorce attorneys who can provide tailored advice and advocate for your interests in negotiations or court proceedings.

Taking proactive steps and seeking appropriate legal counsel can improve your chances of reaching a favorable outcome. The goal is to ensure the continued presence of your beloved pet in your life after divorce.

Contact a Paramus Divorce Lawyer at Torchin Martel Orr LLC for Experienced Legal Guidance on Pet Custody Issues

If you are facing a divorce and are concerned about pet custody, an experienced Paramus divorce lawyer at Torchin Martel Orr LLC will provide a confidential consultation. Complete our online form or call us at 201-971-4866 to learn more. Located in Paramus, New Jersey, we serve clients in Bergen County, Morris County, Essex County, Hudson County, and the surrounding towns in northern New Jersey.

What Are the Benefits of Divorce?

Our Bergen County Divorce Lawyers at Torchin Martel Orr LLC Assist Clients With Every Phase of the Divorce Process

Whether you are one of the fortunate couples that can divorce amicably or the process is a bit more complicated and contentious, getting a divorce is a major life event that can leave you feeling as though your life has been turned upside down. While staying positive during this difficult process may be challenging, you may be surprised to discover some silver linings associated with a divorce.

Often, the months or even years leading up to a divorce can be significantly more stressful and painful than it is once you decide to proceed with a divorce and dissolve a marriage that is no longer working. You may be surprised to discover the mental, physical, and emotional benefits of ending an unhealthy or even toxic relationship. The following are some of the ways that a divorce can have a positive impact on you, your children, and your relationship with your ex:

  • Healthier household: When you and your spouse constantly argue or give each other the silent treatment, it can strain the entire household. Children pick up on stress and tension, even if you are not fighting in front of them. If you are unable to resolve your issues, a divorce can eventually create a healthier, more stress-free home environment, both for you and your children. White co-parenting may be unfamiliar territory, but the benefits will likely outweigh any disadvantages, particularly if you prioritize your children’s best interests.
  • Improved self-confidence: A broken relationship can negatively impact self-confidence. Once you start the divorce process and are no longer affected by stress and negativity, the self-confidence that you lost may start to return.
  • Improved coping skills: Often, when you go through a challenging situation, you learn certain skills, like problem-solving and being more patient. These skills can help you navigate your personal and professional life after the divorce.
  • You know what you want from a partner: Once you have reached a divorce agreement, you may want to start dating again at some point. After going through a divorce and realizing the qualities and characteristics you do not want in a partner, you can avoid making the same mistake. Second marriages are often happier than first ones because divorced people have learned from their previous experience and are less likely to rush into another relationship if the person meets their expectations.
  • Improved health: Besides an improved sense of self, your overall health may improve. According to research, stress can negatively impact your mental, physical, and emotional health. While the divorce process can be stressful, once a divorce agreement has been reached, you may feel healthier, more energetic, happier, and more confident. You may feel motivated to start going to the gym or a regular exercise routine and focus on a healthy diet.
  • Happier children: Couples often stay together because they think it will be better for the children. However, the impacts of an unhealthy marriage can be much more damaging than proceeding with a divorce and being committed to a co-parenting plan that prioritizes your children’s needs.
  • Reconnecting with family and friends: After the dust settles and your divorce has been finalized, it is a great opportunity for you to spend time with family friends whom you have not seen in a while or form new friendships with those who have recently gotten divorced and are in the same boat as you.
  • Become more financially independent: While the prospect of being newly single and the financial challenges that come with it can be stressful and overwhelming, you can take more control over your finances. For example, you have more control over your money and how you choose to budget your finances. As a single parent, you may be eligible for more financial aid for college. You may also have early access to retirement funds and Social Security perks.

Our Bergen County Divorce Lawyers at Torchin Martel Orr LLC Assist Clients With Every Phase of the Divorce Process

If you and your spouse are seeking a divorce, contact our Bergen County divorce lawyers at Torchin Martel Orr LLC. Going through a divorce does not have to be a highly stressful and contentious process. To schedule a consultation, call us today at 201-971-4866 or contact us online. Located in Paramus, New Jersey, we serve clients in Bergen County, Morris County, Essex County, Hudson County, and the surrounding towns in northern New Jersey.

How Is Property Divided in a Divorce in New Jersey?

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Navigating a divorce is difficult, and matters of property division often add layers of complexity. In New Jersey, property division follows equitable distribution principles, aiming for a fair rather than equal split. Here is an exploration of how property is divided in a New Jersey divorce, shedding light on key aspects of this process.

Equitable Distribution Principle

New Jersey follows the equitable distribution principle, which means that marital property is divided fairly but not necessarily equally. Marital property encompasses assets and debts acquired during the marriage.

Factors Considered

The court considers various factors to determine a fair distribution:

  • Duration of marriage: Longer marriages may lead to a more even distribution of assets.
  • Income and earning potential: Disparities in income and potential future earnings can influence the division.
  • Standard of living: The lifestyle enjoyed during the marriage may guide the division process.
  • Contributions to marriage: Contributions in terms of finances, child-rearing, and homemaking are weighed.
  • Age and health: The health and age of each spouse are considered, particularly concerning earning capacity.
  • Custody arrangements: Custody arrangements can impact property division if children are involved.

Marital Vs. Separate Property

It is crucial to differentiate between marital and separate property:

  • Marital property: Assets acquired during the marriage are generally subject to equitable distribution.
  • Separate property: Inheritances, gifts, and assets owned before the marriage are typically considered separate and may not be divided.

Process of Division

  • Identification: All marital assets and debts, including real estate, vehicles, bank accounts, investments, pensions, and debts like mortgages or loans, are identified.
  • Valuation: Each asset is appraised or valued to determine its worth accurately.
  • Division: Considering the factors above, the court aims to divide property fairly.
  • Alimony: Alimony or spousal support may also be awarded based on financial need and other relevant factors.

Settlement Vs. Litigation

Many divorces in New Jersey are settled out of court through negotiation or mediation, allowing couples more control over the division process. However, the court will intervene to make decisions if an agreement cannot be reached.

Speak With an Attorney to Get Legal Advice

A divorce lawyer is pivotal in facilitating fair and equitable property division during proceedings. They begin by thoroughly evaluating all marital assets and debts, including real estate, investments, retirement accounts, vehicles, and personal belongings. The lawyer then works to value each asset accurately, considering factors such as market trends, appraisals, and expert opinions. Armed with this information, they advocate for their clients’ interests during negotiations or mediation sessions, striving to achieve a division that aligns with their financial needs and prospects.

Our Paramus Divorce Lawyers at Torchin Martel Orr LLC Will Assist You During the Divorce Process

Our Paramus divorce lawyers at Torchin Martel Orr LLC will advise you on property division during the divorce process. Call us at 201-971-4866 or complete our online form to schedule a consultation. Located in Paramus, New Jersey, we serve clients in Bergen County, Morris County, Essex County, Hudson County, and the surrounding towns in northern New Jersey.