Protecting Your Material Interests
You may have purchased a house, accumulated savings, and made other investments as a married couple. As you begin to plan your new life, you will need a material basis upon which to build it. New Jersey is an equitable distribution state. However, the court must make a determination on whether the property and assets acquired during the marriage should be divided equally.
Here are some of the many factors a judge will consider before making such a determination:
- The length of the marriage
- The income and assets that each party brought into the marriage
- The standard of living established during the marriage
- Any prenuptial contract or other written agreement between the two parties that concerns the distribution of money or other assets
- The current and projected income of each person and their capacity to earn
In addition to getting your share of the estate, you may also be awarded alimony. The latter is often awarded to the spouse that was not the primary breadwinner during the marriage. If, for example, you decided to give up your career to be a homemaker and your spouse brought in a very large income that gave you and your family a comfortable lifestyle, you may get a monthly maintenance amount that makes up for the sudden financial loss that results from the divorce.
Divorce lawyer s can also help you sort out child custody arrangements. This is often the most emotionally charged part of any divorce settlement. A divorce lawyer will help you protect your parental rights. If you and your ex are unable to work out a shared custody arrangement amicably, your lawyer will use their insight and expertise to ensure that your ability to parent your child is not disrupted by the divorce.
If there was violence in the relationship, if you have been the victim of domestic abuse, your divorce lawyer can take steps to protect you and your child from further assault and intimidation. If you are threatened with further violence as a result of filing for divorce, your lawyer can arrange for a restraining order against your partner for the duration of the divorce process.