Men must protect their rights in a divorce because no one else will. Women are unfairly favored in a divorce, and men must protect their two main assets: finances and custody. New Jersey law follows equitable distribution, meaning that any property acquired during a marriage must be divided equitably.
There are a lot of variables that go into the equitable distribution determination, including:
- Length of marriage
- Income by each party
- Standard of living
- Age and physical health
- Economic circumstances
- Income and earning capacity
Men in New Jersey should ask for a prenuptial agreement if they have a lot of assets going into the marriage or own a business. The agreement will help safeguard a man’s assets and finances. But you do have rights when getting a divorce.
1. Fight for Your Rights
The first step in protecting your rights is to fight for them. Hire a lawyer. Argue your case. Make sure that the divorce is fair and just – not one-sided. You will have to give up assets in a divorce, and you might have to pay alimony and child support, but fight for lower payments and a fair distribution of assets.
You have a right to fight for:
- Appropriate asset division (items, bank accounts, cash,etc)
- Child custody
- Retirement accounts
Fight to protect your rights and you’ll be on a much stronger footing when getting divorced.
2. Fight for Joint Custody
Children are routinely put into their mother’s care during a divorce. Fighting for joint custody is not only advantageous for your relationship with your children, but it also impacts your financial obligations in a divorce.
Alimony and child support payments are less when you spend more time with your kids.
If you only have your children on the weekend, you’ll pay much more in support than a father who has his kids bi-weekly. Times have changed, and more courts are allowing joint custody agreements so that the child has a positive mother and father upbringing.
3. Forfeit Assets for Finances
Assets have value, and in equitable distribution, the goal of the court is to ensure that all parties are given a fair distribution of the assets. Men are often left paying high alimony and child support payments, but they’re also required to split bank and retirement accounts.
Retirement accounts are a major part of a man’s future, and if his account is cut in half, the chances of retirement are slim.
You can fight to keep the entirety of your retirement account by forfeiting other assets. A good example of this may be allowing your ex to keep the house and you be allowed to keep your retirement account.
Contact a lawyer who focuses only on family law, and list all of the things that are important to you in your divorce, such as:
- Child custody
- Sentimental items
Explain your concerns and desires with your lawyer so that you can forge a plan to protect your rights and meet your divorce goals.
There’s a lot that goes into a divorce, but the first step to success is protecting your rights and fighting for what matters most: the children.
The Micklin Law Group is a New Jersey law firm specializing in men’s custody. Attorney Brad Micklin was recently named to The National Advocates list of Top 100 attorneys from each state. Brad has a special expertise in working with securing alimony for men. You can read more on this topic by visiting our divorce blog. To set up a free consultation, call 973-562-0100.