Getting married is easy. Getting divorced is hard. NJ divorce laws can be complex, but it’s the lack of knowledge leading up to a New Jersey divorce that really complicates matters. Arming yourself with the basics before filing for divorce is essential.
A few key things all potential divorcees should know include:
1. The Economic Relationship Must Be Resolved
You have your own job, and he has his own job. You may even have separate bank accounts and an automobile you purchased on your own. All of this will need to be divided up properly if it is martial property.
If you and your spouse do not resolve the matter on your own, the court will decide on your behalf.
2. Strong Emotions Make Lawyers Rich in a Divorce
You’re paying a lawyer to represent you, and your spouse is doing the same. But when the two of you sit down at the table to go over the divorce proceedings, your emotions start flaring and nothing gets decided.
If this sounds like you, it’s important to know that this is how you make a lawyer rich.
It’s in your best interest to go to the table without emotions and try to resolve the divorce quickly. Being tied up in a heated divorce battle can cost a lot of money.
3. NJ Has Fault and No-fault Divorces
There are two types of divorce: fault and no-fault. A no-fault divorce is the faster and cheaper way to get divorced. In most cases, at-fault divorces do nothing more than cause emotional hardship and lead to increased legal fees.
But if there is a way to prove addiction or extreme cruelty, this may weigh on the court’s decision over custody issues.
4. Representation is Recommended
You can file for a divorce without legal representation. As a New Jersey divorce lawyer, I may be a bit biased, but no one recommends getting a divorce without first getting legal representation.
Lawyers can see issues from a completely different viewpoint, as they’re not emotionally tied to the divorce.
And issues that can and do arise can often be worked through quickly with a lawyer. If you’re married to a narcissist or a partner that has a controlling nature, you may be coerced to give up your fair share of the assets.
A lawyer will notice these issues and negotiate a fair divorce.
5. Mediation and Arbitration
If two spouses can agree on the division of assets in an amicable manner, you can avoid traditional divorce through mediation or binding arbitration. This is ideal for couples that have agreed on the division of assets already and want to proceed through the divorce quickly.
6. Second Thoughts Are Natural
No one can make you file for divorce. If you keep having second thoughts on filing for divorce, maybe there is still hope of reconciliation with your spouse. A family therapist or psychologist may be able to work with you and your spouse to try and repair your marriage.
If you’re having second thoughts, talk to a professional that can help you work through these emotional issues.
The Micklin Law Group, LLC is a New Jersey law firm specializing in family law and estates. 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 high asset divorce. You can read more on this topic by visiting our prenuptials blog. To set up a consultation, call 973-562-0100.