Divorce involves many important decisions about your finances, children, and future, so it’s in your best interests to work with a knowledgeable attorney who can help you navigate these choices in a way that aligns with your goals.

Key Takeaways:

  • Choosing between mediation or going to court is a critical decision in your divorce, and an experienced attorney can help you determine the best option based on your specific situation.
  • Your attorney will assist in putting a custody plan in place that prioritizes your children’s best interests, whether it’s through mediation or with the help of the court.
  • Your attorney will help negotiate fair spousal support terms and ensure that marital debts are divided equitably in order to secure your financial future post-divorce.

Divorce is a life-changing event filled with a seemingly endless amount of difficult choices. Each decision you make can impact your finances, your children (if you have them), and your future. That’s why it’s crucial to approach your divorce with clarity and confidence – and with the guidance of an experienced divorce attorney.

Below, we’ll explore the most important decisions you’ll face during your divorce and examine how your attorney can help you navigate them with an emphasis on your overall well-being and goals for moving forward.

1. Deciding Whether to Settle or Go to Court

One of the biggest decisions in any divorce is whether to negotiate a settlement or take your case to court.

  • Settlement: This means you and your spouse work out an agreement on key issues like property division, child custody, and spousal support. Many times, couples engage in a process called mediation in order to get on the same page regarding these matters if they aren’t already. 

In mediation, a divorcing couple works with a neutral third-party mediator who facilitates discussion and negotiation between the spouses and their attorneys, and works to keep the overall tension and conflict minimized for the sake of cooperation. Pursuing a mediated settlement typically saves time, money, and emotional stress, allowing both you and your spouse to move on with your lives in an amicable fashion. 

  • Litigation: If you aren’t able to reach an agreement in mediation or through the negotiations of your attorneys, your case may go before a judge, who will decide the terms of your divorce. While this is sometimes necessary (especially if a spouse has a history of violence or abuse), it can be more expensive and unpredictable.

How Your Attorney Helps: Your lawyer will guide you through negotiations, as well as the mediation process, to ensure your rights and interests are protected. If court is the only option, they’ll prepare a strong case to present to the judge and fight for the results you’re seeking. 

2. Determining Child Custody and Parenting Time

If you have children, deciding on custody and a parenting schedule will likely be the most emotional part of your divorce. It can be immensely difficult to come to terms with the fact that you’ll be sharing time with your kids with your former spouse, but it is still possible to find a solution that meets your family’s unique needs and works for everyone involved. In New Jersey:

  • Legal custody determines who makes major decisions about the child’s upbringing, such as education, healthcare, and religion.
  • Residential (physical) custody refers to where the child lives and how much time they spend with each parent.

Legal and residential custody can either be shared (joint legal custody and shared residential custody) or allocated to just one parent (sole legal custody and primary residential custody). You and your spouse have the right to develop your own custody arrangement outside of court. 

However, if you cannot reach an agreement, then you must ask the court to decide. New Jersey courts prioritize the child’s best interests, so factors like each parent’s relationship with the child, their ability to provide a stable home, and any history of abuse or neglect will influence the court’s decision.

How Your Attorney Helps: Your lawyer can help you build a custody plan that works for you and your children. If custody becomes a contested issue, they’ll advocate for your parental rights in court by building a strong case that may include expert testimony (such as from child psychologists and guardian ad litems) and compelling evidence that one parent is more suited to care for the child than the other. 

3. Dividing Property and Assets

New Jersey follows equitable distribution laws, meaning marital assets are divided fairly – but not necessarily equally. Assets may include:

  • Your home and other real estate
  • Bank accounts and retirement funds
  • Investments and business interests
  • Vehicles and personal property

Dividing assets can be tricky, especially when emotions run high, and disagreements over property value or ownership can quickly escalate into lengthy legal battles.

How Your Attorney Helps: Your lawyer will help you determine what assets are marital vs. separate, then work to negotiate a fair division on your behalf that protects your financial interests. If necessary, they may bring in financial experts like tax advisors or forensic accountants to assess complex assets and uncover any assets your spouse may be attempting to hide.

4. Deciding on Spousal Support (Alimony)

Spousal support, or alimony, may be awarded if one spouse needs financial assistance after the divorce. The court considers factors like how long a couple was married, each spouse’s income and earning potential, and their contributions to the marriage. There are five types of alimony in New Jersey:

  • Open durational – Permanent alimony which is typically common for those in longer marriages (20 or more years) or when one spouse gave up a career or education to support the family.
  • Temporary – Alimony awarded for a fixed period and is typical in situations where one spouse is lower-earning or unemployed and incurred costs during the process of divorce.
  • Limited duration – Alimony given to a spouse to maintain a certain standard of living for a fixed period until they become financially self-sufficient.
  • Reimbursement – Alimony given to one spouse to compensate for supporting the other’s education or career advancement. 
  • Rehabilitative – Alimony temporarily given to one spouse who is working toward becoming financially self-sufficient through education or training (who must follow strict guidelines from the court).

How Your Attorney Helps: Your lawyer will help you understand your rights – whether you’re seeking support or being asked to pay it. They’ll work to negotiate fair terms or strategically present your case to the court.

5. Handling Debts and Financial Obligations

Dividing debt is just as important as dividing assets. Marital debts – such as credit card balances, mortgages, and loans – must be addressed in the divorce settlement. If the debt was incurred during the marriage, it may be considered a shared responsibility. Moreover, if one spouse was reckless with spending, that may affect how the debt is divided.

How Your Attorney Helps: Your lawyer will ensure you’re not unfairly burdened with debt and will negotiate a fair division that protects your financial future.

Trust Jersey Coast Family Law to Stand By Your Side Through Each Step of Your Divorce and Help You Make Informed, Empowered Decisions! Contact Us Today!

Every decision you make during your divorce will shape your future. By working with our knowledgeable New Jersey divorce attorneys, you can navigate the process with confidence, protect your interests, and make choices that set you up for success! We take the time to get to know you, your family, and the future you’re trying to build so that we have the necessary insights to guide you toward the best possible outcome.

If you’re considering divorce in New Jersey, don’t go through it alone – let Jersey Coast Family Law be your fearless champion! Schedule your free consultation today to discuss your options.