Divorce And Separation

It's been called one of the most difficult emotional periods in an individual's life - second only to the grief associated with the loss of a loved one.

It's the divorce and separation process, a time when psychological, social and financial issues all seem to arise at the same time, converging together to create an enormous amount of stress on the individual.

Of course, the only way to get through it is to get through it. But the more one understands the legal processes, the issues and what to expect, the easier that challenge becomes.

Divorce and Separation

In New Jersey, divorce and separation have many issues in common. A separation has occurred when either of the two parties involved vacates the family home. There is no such thing as legal separation nor is there a need to file court documents, except in the case of domestic violence.

What the act of separating does do is trigger specific rights and responsibilities on the parts of the two individuals, both financially and in regard to their children. There is an obligation to pay and a right to receive child support. There may be a right to receive and an obligation to pay alimony. And in the case where the separation involves children, there may certainly be issues surrounding custody and parenting time.

Beginning the Divorce Process

The divorce process begins with a filing of complaint by one or both parties to dissolve the marriage. All of the issues mentioned above will now be dealt with first on a temporary basis and later on a more permanent basis. In addition, it also starts the examination as to how the marital assets and liabilities acquired during the marriage will be equitably divided. These assets can include real estate, a business, retirement plans, stocks and bonds, automobiles, as well as personal effects.

A filing for divorce must be based on specific statutory criteria (note: New Jersey does not recognize "irreconcilable differences" as a grounds for divorce). These can include the following:

• An 18 month separation ("no fault" divorce)
• Extreme cruelty - Acts that make it unreasonable for the parties to continue residing together.
• Adultery
• Drug or alcohol addiction
• Deviant sexual conduct

After a complaint is filed, the parties engage in a process called "Discovery" during which time information is exchanged concerning finances and the children. Disputes often do occur, and it may become necessary to file application to the court for certain temporary relief. These motions are supported by certifications which state the party's position.

A Word About Alimony

There are no hard and fast rules regarding alimony payments, their amount or duration. Criteria that determine alimony include the duration of the marriage, the ability to pay, the actual financial need of each party, the earning capacities of each party, as well as the standard of living the parties had established during their marriage and the likelihood that each might maintain that standard.
Determining Custody

There are three basic custody arrangements: sole custody, joint custody, and shared parenting. Decisions on custody are based on what is in the best interest of the child as well as the ability of the parents to communicate. The Court encourages the parties to negotiate their own custody agreement. When this is not possible, a custody evaluation by an impartial mental health professional may be required which will weigh heavily in the Court's decisions.

...And Child Support

The amount of child support you will receive or be expected to pay is based on several factors including the financial needs of the child, the amount necessary to maintain the child's current lifestyle, the net incomes of the parents and any shared parenting and visitation agreements. These factors are incorporated into the New Jersey Uniform Child Support guidelines.
Resolution

Eventually a divorce case will be resolved either through trial or settlement. If the case goes to trial, the judge will make all final decisions as based on the various documents, witnesses and expert opinions. If the case is settled out of court, a property settlement agreement is drafted which becomes a binding contract that covers all financial, custody and visitation issues.

After Resolution

Even after a settlement or court decision, certain issues may be modifiable due to a change in circumstances (e.g., child's environment, the child's parental preferences, the changing financial status of the parents, etc.). These changes in the judgment are implemented via agreement or through post judgment applications.