First, do not beat yourself up because your marriage is over - it happens to millions of people. There are a variety of reasons a marriage can breakdown from infidelity, alcohol abuse or drug abuse, domestic violence, finances, children, or you or them just do not feel the same. If you are going through a rough sepearation, contact lawyers like us who have been through the process and understand what you ae dealing with. During divorce there are several factors that must be considered.
IS YOUR MARRIAGE OVER?
CHILD CUSTODY
We will fight to get you the best results during your divorce. If there are children, the law allows both parents equal rights to the children, that does not mean equal amount of time. There are several custody arrangements that can be made. Typically there is one parent who maintains what is called "residential custody" - this parent is responsible for the day to day things for the child/ren. While one parent may maintain residential custody, typically both parents will maintain joint "legal custody" - both parents make major decisions for child/ren, both maintain all the legal rights of parenting. However, in certain circumstances, if one parent is an absentee, abusive, or there conduct is disruptive to the children, one parent may maintain full legal and residential custody.
Every parent must contribute to the care of their child/ren. The law allows the residential parent to typically get child support for the child/ren from the non-custodial parent. Child support is calculated through the child support guidelines. The guidelines determine how much money can be paid through child support. Once child support is awarded it can be placed in probation, where probation will collect payments from the parent and distribute it. Child support through probation helps keep track of payments and outstanding balances. We advise all clients to let child support be taken through probation.
CHILD SUPPORT
In the State of New Jersey, it is encoraged that parents contribute to their child/ren college education. In a settlement agreement, we encourage a clause being placed that outlines how each parent will pay for college expenses of the child/ren. If the child is commuting from home to college, payments, child support, can continue even after the age of 18.
COLLEGE
ASSETS
You are entitled to equitable distribution of the assets. Therefore, if your spouse has retirement benefits or benefits - 401K, IRA, 403 (b), etc... you are entitled to a certain percentage of it for the time you were married. You are entitled to split the house or houses equitably; the vehicles must be split equitably; and any money must be split equitably.
ALIMONY
Under certain situations, you may be entitled to alimony. There are different types of alimony - rehabilitative, permanent, temporary alimony. Alimony is not always guaranteed, but our office pushes for alimony once a marriage was over a certain number of years.
If you are going through a divorce, do not do it alone. CALL US TODAY so we can help you get the results you are looking for.