April 13, 2009
/24-7PressRelease/ -- Divorce: An Opportunity to Start Over
Article provided by Law Offices of Irwin D. Tubman, LLC, please visit us at
http://www.tubmanlaw.com
More people are putting off getting a divorce because they believe they can't afford it in the current economy. As news reports of skyrocketing unemployment rates, home foreclosures and credit crises invade our homes, people are worried about taking any steps that may make their financial situation worse - especially a divorce. This is particularly true for lower-earning spouses who feel their best option, at least economically, is to remain in a marriage, even one that is broken.
But the truth of the matter is most people can't afford to stay in these types of marriages. Even though together you and your spouse may have more money, this does not mean you have a better quality of life. How many years of your life should you permit to slip by while you remain in a relationship that has become a negative force in your life, regardless of who is at fault.
The New Jersey Divorce Process
To begin the divorce process in New Jersey, a party must file a complaint for divorce with the Superior Court in the county where either spouse lives. Every state has residency requirements for divorce. This means you must have lived in the state for a certain period of time before you can file for divorce, which in New Jersey is one year.
After you file a complaint for divorce, your spouse will be served a copy of your complaint with a summons and will be given a certain amount of time - normally 35 days - to respond. Your spouse does not have to respond to your complaint (called the "answer") in order for you to receive a divorce.
The amount of time it takes to finalize a divorce varies. If there are no disputes between the two parties (a no-contest divorce), then the divorce may be granted in as little time as 30 days. But if there are child custody and support issues and significant assets to divide, a divorce can take much longer. Your divorce attorney will be able to provide you a better estimate of how long it will take to finalize your divorce.
Property Distribution
New Jersey is an equitable distribution state. Generally, this means that any property acquired during the marriage will be distributed equitably. While this may generally be 50-50 between you and your spouse, the court will consider a number of factors, both financial and non-financial, to determine how the property should be divided. These factors may include:
• How long were you married?
• Do you have any children?
• How did you contribute to the acquisition of the assets of the marriage?
• What is your earning capacity?
• What is your educational, training and work background?
• What was the standard of living during the marriage?
• What debts and other liabilities do you have?
Certain types of property will not be subject to equitable distribution. This includes any assets acquired before the marriage and any gifts or inheritances given to only one spouse. However, in order for these assets not to be considered marital assets, they must be kept completely separate from marital assets. For example, if the wife inherits a rental property and she uses martial money to fix the house, the house may no longer be considered separate property and be subject to equitable distribution.
An important consideration for anyone getting divorced in the current economy is the effect of any debt on the divorce. Many people are struggling to make ends-meet and are facing foreclosure and/or bankruptcy. Debts are a marital issue and will be allocated amongst the parties. How you handle this debt could have a bigger impact on your financial situation than you realize. Before making any decision on how to handle mounting debt in the face of a pending divorce, you should speak with an attorney.
How Can We Help You?
When searching for a divorce attorney, you need to find one who understands that you do not treat every issue, or every person, in a divorce the same. At our offices, we understand this and use a two-prong approach with divorce cases.
• We offer aggressive representation to ensure you receive a fair share of all of the martial assets owed to you - this includes discovering any hidden assets or other property you may have not known about.
• We offer compassionate representation for the sensitive and most difficult decisions in the divorce - child custody, visitation and support. When it comes to your children, we understand how hard it is to put them through the divorce process.
Once a divorce judgment is entered, you still have the option of going back to court to change it - this is called a "post-judgment modification". But why go to all of this trouble if you do not have to? This is why it is so important to work with an attorney who will help you get the settlement agreement right the first time. It will save you time and money, and most importantly, let you close the door on this part of your life and open a new one. However, if a significant change in circumstances occurs we are prepared to proceed to obtain the necessary modifications.
Do not let purely economic reasons prevent you from getting a new lease on your life. Even though the economy will eventually rebound and assets will regain their value, how many years are you willing to remain in an unhappy and unworkable relationship waiting for this to happen? Divorce isn't easy, but sometimes, it is the best decision you can make for yourself to get to the brighter times ahead.
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