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Hackensack Family Law Blog

How can I create a budget after divorce?

Even when divorce is in the best interest of all involved, it can be an expensive process. Things like property division, alimony, and child support can all take a financial toll on a person. As a result, you may find yourself with much less money than you had while you were married. If so, The Balance offers the following tips to help you create a budget you can live with after your divorce. 

The first step is to figure out just how much money you're making each month. Once you've established that, add up your fixed and variable expenses. Fixed expenses are those that remain constant from month to month. This includes rent or mortgage payments, insurance costs, utility bills, and other expenses. Variable expenses are those that change on a regular basis, such as grocery costs and entertainment expenses. These considerations will be the foundation of your budgeting plan.

Can I change a child custody order?

There may come a time when your current child custody court order no longer suits your family. In this case, you're free to request a change by the court to ensure the best interests of your child remains intact. There are all sorts of reasons why parents choose to do so, according to Very Well Family

The courts prefer that both parents play a role in the life of their child, which is why joint custody is so often awarded. However, if there are concerns about a child's safety when spending time with the other parent, they must be brought up immediately. This can include issues like substance dependence, allegations of abuse, or unlawful behavior that puts a child in harm's way when he or she spends time with a parent. If you have concerns, contact your attorney so that you can make a timely request to the court that initially decided custody. 

How a divorce proceeds after mediation

If you are divorcing in New Jersey, you may not want or feel the need to go to court. In situations such as this, mediation may be the right option for you and your family. At Weinberg & Cooper, LLC, we often assist clients reach a settlement agreement and finalize a divorce without stepping foot in a courtroom.

Divorce Magazine reports that even once both parties reach an agreement in mediation, there is still a lot to do. For some partners, the desire to dissolve the marriage is mutual. In such cases, the mediation portion of the process can progress quickly. Freely disclosing all income, assets, debts and expenses helps move the proceedings along. Once you come to an agreement about child and spousal support as well as equitable property division, the mediator can prepare the necessary forms for your review.

What custody schedule works best for your family?

Making decisions as a parent is not easy. You may have questioned every choice you made since your first child's birth, and you are not alone. There is no handbook for parenting, and the choices you make can depend on a number of factors, including the details of your family dynamic.

Now that you and your spouse have decided to end your marriage, you may worry about the effects the change will have on your kids, and that is an understandable worry. If you and the other parent remain on amicable terms, you likely have a number of custody scheduling options that could allow you to work out the best arrangements for your kids.

Infidelity and walking away from a marriage

Many different factors can lead to a couple splitting up, from disagreement over critical financial issues (such as a child's college education) or a couple simply becoming incompatible after years of marriage. However, infidelity, especially when someone is addicted to unfaithful behavior or has a lengthy track record of cheating, has caused many marriages to fall apart. When kids are involved, these divorces can be especially devastating for people to work through. If you are trying to find the courage to leave your spouse who has cheated on your repeatedly (or even on a single occasion), or you have been unfaithful and just found out that your partner wants a divorce, it is imperative to prepare yourself.

The divorce process can be extremely emotional, and when kids are a part of the picture and the divorce is brought on by someone's affair, it can be even more upsetting. Our law firm recognizes that people who are ending their marriage due to an affair may have many questions, such as the potential ways in which the affair could impact the divorce process to understanding which options are best. For example, a couple that is highly combative with each other following an affair may not be able to work together and move forward with a collaborative divorce.

Relocating for work during the divorce process

There are all sorts of reasons why a married couple may decide to divorce, but some people have an especially challenging time while approaching the divorce process and dealing with various legal issues after their divorce is finalized. For example, those who need to relocate for work may have a particularly hard time because of the stress and emotional strain that they are experiencing. In some cases, such as instances where someone moved to another country for work purposes, the divorce process can be particularly complicated.

If you are getting ready for a divorce and you need to move in order to start a new job, there are many different hurdles that you may have to overcome. Starting a more lucrative position can be very rewarding, but it can also make life tough--especially if you are dealing with a divorce. Our law office recognizes the many challenges that can arise during these circumstances, especially if children are involved (such as legal matters regarding parental relocation). Even when a divorce is very straightforward and relatively amicable, long distances can make things harder.

How does the court decide what’s in your child’s best interest?

Going through a divorce can be a very scary time, especially if a custody battle is involved. Most of the time the custodial parent is determined by the court, based on the child’s best interest. The court may consider many factors when determining the child’s best interest.

Here are the top 5 factors that the court considers

Financial changes brought on by divorce

Whether a parent has to spend less time with their children, or someone struggles with the emotional impact of a divorce, there are all sorts of ways in which life can change when a marriage comes to an end. Various divorce issues, such as property division, alimony and child support, can also have a significant impact on one's financial life. As a result, it is crucial for people to do their best to prepare for the financial changes that may lie ahead as they approach their divorce.

Sometimes, people who are unprepared for the financial impact of their divorce may have an especially difficult time in the months and years after their divorce. However, with careful planning and a clear understanding of various financial aspects of divorce (as well as different post-divorce family law topics), some people are able to avoid these hurdles. It is important to recognize that each divorce is unique and the financial circumstances that people find themselves in vary from one divorce to the next.

A professional appraisal is essential for personal property

At Weinberg & Cooper, LLC, in New Jersey, we understand how complex a divorce can be when spouses own personal property that has significant value. It is often not as simple as you and your spouse agreeing it is fair for each of you to keep your personal property. If your spouse's antique furniture is worth four times the value of your art collection, your spouse should allow you to keep other assets to balance out the difference.

According to the Journal of the American Academy of Matrimonial Lawyers, the best way to avoid unfair property division is to hire a professional appraiser who has experience valuing the type of item in question. 

When is mediation not advisable?

Many couples in New Jersey look to mediation for a simplified divorce process. While this is a very effective option for some people, for others it may not be as beneficial. If you're considering mediation, Lifehacker offers a few examples of when traditional divorce might be the preferred choice. 

People who've been subjected to abuse in their marriages should definitely not pursue mediation. This process requires both parties to work together to come to a solid agreement on things like child custody, support, and property division. With abuse, it's not in the best interest of the abused spouse do look at things from an abuser's perspective. There may also be concerns about the safety of any kids involved, which require a judge's input to ensure they remain the focus of any custody proceedings. 

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Weinberg & Cooper, LLC - family law attorney

Weinberg & Cooper, LLC
One University Plaza, Suite 516
Hackensack, NJ 07601

Phone: 201-580-3934
Fax: 201-487-7006
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