The Gathering of Information Stage

So you have been approached by your spouse and asked for a divorce.  Or, you yourself are ready to proceed in asking your partner for a divorce.  In either case it is important to think of the possible issues that may arise as a result of the divorce process.  They can typically be categorized as follows:

Division of Assets and Debt, Custody and Visitation, Alimony and Child Support.

The above categories do not represent every issue in every case.  Your divorce may have obscure or unique issues arising from your own personal situation.  This section of the web site is intended to get you thinking about what’s important for you to resolve in this process.

Division of Assets and Debt

Now is the time to start taking inventory.  Do you own a home? Cars? Vacation Real Estate? Do you have bank accounts? Retirement Accounts? Any other kind of significant material asset?  Do you have a mortgage? Credit Card Bills? Student Loans? If any or all of these assets or debts were obtained or incurred during your marriage, chances are they are going to be divided up during your divorce.

In the State of New Jersey the Courts generally view assets that were acquired and debts that were incurred during a marriage to be marital property subject to equitable distribution.  If you are seriously considering a divorce, or your partner has expressed the desire to file for divorce, start gathering information.  Gather as many tax returns that you can and make copies. Gather any and all income information you may have for you and your spouse, retirement account information and other related financial documents.  Make a list of all your assets (real estate, bank accounts, etc.) and debts (credit cards, mortgages, etc.) acquired or incurred during your marriage.   

As stated above there are a few categories of assets and debts that are excluded from equitable distribution in some states.   For example in New Jersey, generally speaking  inheritance that one party receives and keeps in his or her name alone is not generally subject to division.  The same usually holds true to an asset or debt acquired in a party’s name alone prior to the marriage as long as that asset or debt was never converted to joint ownership or responsibility.  This is a matter to discuss in detail with your divorce lawyer when you first meet.  

Custody and Child Support

If you have kids you obviously are going to be concerned with their custody and support.  There are two types of custody that need to be determined: Legal Custody and Physical Custody.  

Legal custody is the arrangement through which the parties have access to important information regarding their children and the ability to control decision making concerning the child.  In a joint legal custody situation both parties share decision making equally, consult with each other and communicate openly regarding their children.  Sole legal custody would grant one party 100% responsibility for decision making, and would restrict the other party's access to some information concerning the child.  

Physical custody refers to the actual physical arrangement of where and with whom the child resides.  Over the years the issue of custody has evolved and progressed in most states from a traditional standpoint where mom has full physical custody and dad sees them on the weekends to a more holistic approach to what is in the best interests of the kids.  A lot depends on the ages of your children, the location of the parents in proximity to each other, work schedules, special needs of the children and ability of parents to communicate rationally.    If there are any legitimate concerns regarding either parent for substance abuse or mental health issues or domestic violence, those need to be addressed with your attorney A.S.A.P.

Child Support is generally determined by a formula utilized by the Court that is based on the parents’ incomes and/or earning ability, the number of children, the custody arrangement and any special needs or circumstances that may be involved.  Generally speaking the non-custodial parent (the parent with whom the child does not reside most of the time will be responsible for paying weekly child support for the parties children.  /Spousal Support

Alimony

Types of Alimony Awarded

In 2014, the State of New Jersey revamped its alimony statute and law.  The biggest change came in the form of the dissolution of “permanent alimony.”  Prior to this time, the Courts could award “permanent alimony” typically when the parties were married for more than twenty years.  After the enactment of the new alimony laws, permanent alimony was replaced with something called as Open Duration alimony.

Open Duration Alimony

As stated above, open duration alimony replaced permanent alimony in New Jersey in 2014.  Similar to permanent alimony, open duration alimony has no end date.  The difference between the two is that open duration alimony can only be awarded for marriages of more than twenty years and ends upon the paying party reaching retirement age or the cohabitation of the party receiving alimony with another, or obviously, the death of either party.

Rehabilitative Alimony

Rehabilitative Alimony can be awarded when one spouse needs financial support in order to reintegrate into the workforce. Courts order rehabilitative alimony for a specific period of time so that the lower earning party can become self supporting.

Limited Duration Alimony

Limited Duration Alimony allows for payment of alimony to a spouse to allow that spouse to maintain the lifestyle enjoyed or similar to the one enjoyed during the marriage.  It is similar to Open Duration, but has an end date.  Further, limited duration alimony can not exceed the length of the marriage.

Reimbursement Alimony.

Reimbursement alimony is alimony awarded to a party who has paid for another’s tuition or education costs during the marriage.  The idea behind reimbursement alimony is that both spouses expected to benefit from the education or advancement of one of the parties in the future, but now due to the divorce, this is not the case.  Reimbursement alimony can include tuition and costs of living expended by a student spouse, as well as any other costs related to obtaining a degree or training.

In determining alimony, New Jersey Courts consider many factors including but not limited to the duration of the marriage, the standard of living established during the marriage and many other factors.  An experienced matrimonial attorney will review these factors with you and provide you with an assessment as to the potential for an alimony award in your case exists. There is no exact formula for making a determination of how much alimony is payable or should be awarded.   However,  the two greatest factors that will be considered by the attorneys and the Court, are the standard of living of both spouses during the marriage and each parties earning potential.