Qualification For Selecting A New Jersey Divorce Attorney

by Kelly Belli

No one should go through the process alone. Failing to hire a New Jersey divorce attorney can mean forfeiting any right to marital assets such as jointly owned property, bank accounts as well as any other type of assets. Although the state's family laws set guidelines to serve as a starting point, every one's situation is different.

Child visitation and child custody are the highlight of most cases. Contrary to a common myth, mothers are not automatically awarded custody. The judge considers many factors including the main caregiver as well as each parent's emotional and financial stability. However, a parent who has a history of domestic abuse or crimes against children may by denied custody and visitation. The non-custodial parent is still responsible for paying child support.

Only a New Jersey divorce lawyer knows how to divide marital property according to the law. Although it not a law, generally the spouse who has custody of the child will remain in the family home. Depending on each spouse's financial situation, the non-custodial spouse could have to pay spousal support in addition to paying off some of the home's monthly bills. The length of the marriage and each parent's income are some of the deciding factors.

Dissolution of marriage is a multi-step process. A spouse refusing to cooperate or hiding assets are possible delays during the procedure. In some cases, the family court will not continue with the case unless both spouses submit all paper work. The paperwork includes proof of income and proof of any allegations against the other spouse.

Separate property should never be combined with marital property. Because once the separate property has been used for marital reason, it becomes a martial asset. This gives the other spouse legal rights to it. Certain assets such an account cannot be counted as a separate asset even if the account was opened before the marriage. Money that results from a family member's life insurance policy is an example of an exception to this rule.

Because of the possible complications, only New Jersey family lawyers have the ability to ensure a favorable outcome. Dividing martial debt is another major issue during divorce. Typically, the judge will order the spouse who created the debt to pay the debt. A spouse who did not work and was completely dependent on the other spouse is an exception to the rule. The judge will consider the type of debt then divide it according to who is financially able to repay it.

A New Jersey divorce attorney is a professional who knows the divorce process is draining. Although the client will receive what is legally theirs, no one really wins when a family is separated. A competent lawyer will make the process as stress free as possible.



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