As an experienced New Jersey Divorce Lawyer, I think the most important divorce issue is the children. The problem with that is it’s this real gray area. There’s no real black and white issue. For example, you have a 401(k), it gets divided, you have alimony, there’s factors, etc. When it comes to custody, it really is a gray area. Interestingly enough, when people come to me and talk to me about custody, what most people don’t realize is in the state of New Jersey there is presumption that there’s shared custody. There’s this misinformation that people say, “Oh, the women get the kids, and the men get nothing.” It doesn’t work that way. There is a legal presumption. What that means is when you file your divorce papers, and custody is at issue, the courts think to themselves it’s shared 50-50 first. Then you go through Statute 9:2-4, the child custody statute, and the court determines the best interests of the child to see which parent would then get custody.
Are you about to go through a divorce and want to know the most important divorce issues? If so, contact the experienced New Jersey Divorce Lawyer Christopher Leon Garibian.
This educational blog was brought to you by Christopher Leon Garibian, an experienced New Jersey Divorce Lawyer.