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Hackensack Family Law Blog

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. 

How to have a peaceful divorce without losing your assets

Divorces in New Jersey can be a tense and emotional affair. Often, to keep the peace, the breadwinner in the relationship may opt to let the other partner take them for everything they are worth. Similarly, the person who is not the breadwinner may opt to decrease the tension by choosing not to stand their ground when it comes to alimony, child support and retirement planning.

This may ultimately lead to a feeling of bitterness towards the ex-spouse at the end of the divorce. If children are involved, this can make co-parenting feel like an uphill battle. Even when children are not involved, it can cause a major financial setback to the party who opted to give up their assets.

Understanding common patterns about domestic violence

Few topics in family law (and criminal law) are as socially uncomfortable as domestic violence. It is a problem that impacts millions of families, yet talking about it feels taboo to most people. Unfortunately, silence around the issue of domestic violence allows it to continue.

In a recent news article, National Public Radio interviewed two victim advocates who shared some truths about domestic violence, those who perpetrate it and those it impacts. We'll discuss some of those findings in today's post.

New Jersey lottery winner’s ex-wife takes him to court

Winning the lottery can be a gift and a curse. You’ve attained financial freedom and have the potential to care for generations of your family to come. Unfortunately, there are drawbacks to your newfound fortune. There are taxes that cut into your winnings—and, sometimes, former spouses taking you back to court?

This is exactly what happened to a New Jersey man who won $273 million in March 2019. The man had visions of a new truck, a family vacation and renovating his mom’s home. Renegotiating his divorce agreement likely wasn’t on that list.

Can my child decide which parent they want to live with?

Divorce is not a new occurrence. Many divorce disagreements revolve around which parent takes care of the children.

In general, although children don't have any direct say in which parent they live with, the New Jersey court's prime consideration is to act in the best interests of the child. If a child is 12 years old or older, the court will take into consideration the child's wishes, among the other factors.

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Weinberg & Cooper, LLC
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Hackensack, NJ 07601

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