Can I move out of the home while my divorce is pending?

Always discuss with an attorney before leaving the marital home.  If you have children and custody has not been resolved, leaving the home can have negative consequences. In addition, if you have not resolved your issues of support, you may create additional financial burdens.

how can I prove the income of my spouse that owns a business?

A forensic accountant can help you determine how much your spouse earns as well as value the business if you do not know that information. The business may equitably distribute the asset in the divorce case if the court finds the business and income falls within the parameters of marital property.

How does equitable distribution impact my property in a divorce?

Marital property is any asset acquired from the date of marriage up to the date of the filing of the complaint, or an agreed upon cutoff date. Marital property excludes inheritance and gifts from a person other than each other. Separate property may be subject to equitable distribution if it has been co-mingled with joint [...]

Is my spouse obligated to pay my legal fees?

If you are dependent on your spouse financially, they are obligated to pay your legal fees. When the income is not enough to cover both parties’ legal fees, the court will order the counsel fees be paid out of joint assets or tax refunds.

Are prenuptial agreements a good idea?

A prenuptial agreement may be in your best interests. Unless carried out properly, they are not always enforceable.

How long can a contested divorce in New Jersey take to resolve?

A contested divorce takes about a year to resolve in New Jersey. If you cooperate and resolve your issues, you can enter into a settlement agreement and get a divorce much earlier.  

Does adultery help me in my divorce in NJ?

The court does not take fault into consideration during a divorce case. If your spouse is guilty of wrongful dissipation of your marital assets, the court may adjust the award in your favor.  Otherwise, adultery doesn't play much of a role in your divorce.

Should I Leave my NJ Home While my Divorce is Pending?

Leaving the home would be a bad idea. You can lose the right of occupancy. you may have to support a second residence. If you have children, you are most likely giving your spouse primary residential custody of the children.  

Calculating Child Support in New Jersey

New Jersey follows the child support guidelines, determining the child support obligations of each parent. Generally, the guidelines apply to families with a combined annual income of $187,200 or less. Families with higher incomes may have to pay more. These  guidelines are not mandated.