Whether you have just realized you need a divorce or have seen it coming for a long time, the legal process of divorce may feel like a big, intimidating step. But you need not tackle every aspect of the divorce in one sitting.

Once you know you cannot stay in a marriage, speaking with a divorce attorney can be the first of many small steps in the divorce process.

At the Weiner Law Group PLLC, we can divide your divorce into more manageable parts and then guide you through those parts.

Going through a divorce is incredibly stressful, especially because you face many unknowns about your new life and the steps you need to take to get there.

Set up a consultation to speak with a Red Bank divorce attorney and take the first step today. We have years of experience untangling lives through divorce.

We understand the emotional toll of divorce—our goal is to help you navigate it with dignity and respect. Contact one of our attorneys today. Contact Us

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What Does Divorce Involve?

Your divorce is as unique as your marriage, but divorces typically involve:

Because of the unfortunate frequency of domestic violence, many divorces also involve restraining orders.

Caring for Your Children

If you have children, they are undoubtedly at the top of your mind as you consider divorce. You want what is best for your children. By law, so must the courts.

Resolving parenting and childcare questions during a divorce typically involves establishing custody and ordering child support.

Child Custody

Several definitions related to child custody, as New Jersey uses them, may help here:

  • Best interests of the child — the standard that guides courts when resolving child custody disputes;
  • Custodial parent — a parent the child primarily lives with;
  • Joint custody — when the parents share custody, which may include sharing physical and legal custody or sharing only legal custody;
  • Legal custody — who has the right to make decisions about important aspects of your child’s life and upbringing like religion, education, and medical care;
  • Noncustodial parent — a parent the child does not primarily live with;
  • Parenting time — time the child spends in the noncustodial parent’s care when the other parent has sole custody;
  • Physical custody — which parent the child primarily lives with;
  • Sole custody — one parent has both types of custody and the other has neither; and
  • Visitation — time a child spends in the care of a grandparent or sibling who requests it.

Courts typically assume a child’s best interests involve at least joint legal custody and regular contact with both parents. 

In addition, courts consider several factors to determine custody. Several of those factors relate to the parents, including their:

  • Ability to cooperate and communicate,
  • Custody preferences,
  • Past custody issues,
  • Offered home environment,
  • Home’s distance from the other parent and the child’s established community, 
  • Parental fitness,
  • History of domestic violence,
  • Safety when co-parenting, and
  • Work responsibilities.

Others relate more directly to the child, like considering how many children are involved and the child’s:

  • Relationship with each parent and any siblings;
  • History of domestic violence or abuse;
  • Safety with each parent;
  • Quality and frequency of time spent with each parent before and after separation;
  • Educational needs and opportunities;
  • Age; and
  • If old enough to make a reasoned decision, preferences.

Courts typically agree to custody arrangements the parties propose. 

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Child Support

Under New Jersey law, parents must support their children until they turn 19. When parents live in the same household, the law assumes both parents meet their obligations separately if they meet them together.

When the parents live apart, the noncustodial parent typically owes child support. New Jersey law sets minimum payment amounts using a complex formula.

Using details about each spouse’s income and child-related expenses, you can consult an online child support calculator to estimate expected payments. 

Dividing Your Property

You and your spouse typically share property and debts you acquire after you marry. When you divorce, you separate your property into two individual portions. In New Jersey, you divide property equitably in a divorce—in a way that is fair to each spouse, even if not strictly equal. 

You and your spouse can often negotiate an agreement outside the courtroom. To reach that agreement, you should understand the factors a judge uses to determine who should get what property. Those factors include each spouse’s:

  • Age,
  • Physical and mental health,
  • Separate property,
  • Economic situation and earning capacity,
  • Contributions to the other’s education and career,
  • Contributions to the marital estate,
  • Tax consequences, and
  • Separate and combined debts and liabilities.

Courts also consider:

  • The length of the marriage,
  • The marital standard of living,
  • Any written marital or premarital property agreements,
  • The value of property,
  • Childcare and parenting provisions, and
  • Expected future medical or educational expenses of a spouse or child.

Whether one spouse agrees to pay the other alimony may also be a factor in the calculation.

Addressing Alimony

Alimony refers to payments a spouse makes to the other spouse during or after divorce. A judge may order, and you may request or agree to pay, types of alimony that vary in length and purpose. Often, these payments are a key part of negotiations related to property division. 

Types of Alimony

Alimony may be of limited duration, with a set end date or condition. Or it may be of open duration, meaning it could last for an indeterminate amount of time. 

The types of alimony include:

  • Reimbursement of alimony — payments to reimburse a spouse for supporting you through education and career goals;
  • Rehabilitative alimony — payments to reimburse for lost opportunities or mismanaged funds; or 
  • Voluntary alimony — payments you negotiate with your spouse.  

Typically, alimony cannot last longer than the marriage did, unless the divorce involves exceptional circumstances or the marriage lasted 20 years or longer.

Alimony Factors

Many factors related to alimony overlap with those related to property division. A court considers, for example, each spouse’s: 

  • Physical health, mental health, and age;
  • Separate property and sources of income;
  • Separate economic situation and earning capacity;
  • Contributions to the marital estate, the other spouse’s education, and the other spouse’s career, including any career or educational interruptions;
  • Previous and expected future parenting responsibilities;
  • Tax consequences;
  • Debts and liabilities;
  • Foreseeable medical or educational expenses.

In addition, the courts consider property division, the value of that property, and each spouse’s:

  • Actual need and ability to pay alimony,
  • Ability to separately maintain the marital standard of living,
  • Time spent away from the job market,
  • Ability and cost to obtain education or training necessary to find employment, and
  • Support paid during the divorce process.

With your lawyer’s help, you can negotiate alimony payments that make sense in the grand scheme of your property distribution and childcare arrangements.

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Protecting Yourself

For some, divorce is part of a step toward taking control of your life away from an abusive partner. To stay safe, you may seek a Temporary Restraining Order (TRO) to prohibit your spouse from contacting you.

You may qualify for a TRO if your spouse committed or attempted to commit domestic violence against you, which includes:

  • Homicide,
  • Assault or terroristic threats,
  • Kidnapping, criminal restraint, or false imprisonment;
  • Sexual assault, criminal sexual contact, or lewdness;
  • Criminal mischief or coercion;
  • Robbery, burglary, or criminal trespass;
  • Harassment or stalking; and
  • Contempt of a restraining order.

To make a TRO permanent—a Final Restraining Order (FRO)—you attend a court hearing with your spouse. There, you explain what your spouse has done and why the order is necessary.

Your Red Bank family law attorney can support you and help you prepare for this hearing to relieve some of the pressure of facing your abuser in court.

How Can a Red Bank Divorce Attorney Help?

When you hire a Red Bank divorce lawyer from Weiner Law Group, you get a dedicated, knowledgeable, compassionate attorney who will go the extra mile to fight for your family.

We can negotiate all aspects of your divorce, advising you on the law and available options while following your lead. We can also help you resolve issues through a mediator or, when necessary, litigate before a court.

Contact us today if you are in the Red Bank, NJ, area and need a divorce lawyer.

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