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The end of a marriage is a pivotal moment in your life, with many important issues to resolve during the divorce proceedings. The support and advocacy of a Ramsey divorce lawyer can be beneficial in protecting your financial interests and making informed decisions about custody agreements or other settlement terms. As a longtime member of the New Jersey community, the O’Cathain Law Group is here to represent clients in the most challenging of family law matters.
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The division of property and determination of alimony are foundational aspects of a divorce that are necessary for establishing a clean separation from your spouse. New Jersey applies a rule of equitable division under § 2A:34-23.1 that courts use to fairly divide assets and debts between spouses in a divorce. Courts make this evaluation using a variety of relevant factors, including the following:
While the state’s courts base the division of property on principles of equity and fairness, it does not always result in an even distribution of property to each spouse. A Ramsey divorce attorney can help evaluate priorities about the division of assets and make persuasive arguments to justify the court awarding certain property.
The second part of protecting financial interests in a divorce involves navigating future payments of child support and alimony. A court can order a spouse to pay alimony that is either permanent or temporary under § 2A:34-23, depending on the circumstances and needs of the other spouse. For example, temporary alimony may apply in cases where a spouse needs time or resources to re-enter the workforce or find employment. The alimony can include payments for additional education or training programs.
Permanent alimony may be suitable in long-term marriages or where a spouse is unable to financially support themselves for reasons such as their age, or health. A court may also require a spouse to pay child support to the other parent based on several factors, including the child’s needs, standard of living, and each parent’s economic circumstances.
The custody of any children shared in the marriage is another major issue that divorce proceedings address, and your family lawyer can help you with that in Ramsey. Legal custody includes important decisions concerning your child’s upbringing, such as their medical care and education. Physical custody is where the child resides.
The state’s Statute § 9:2-4 states that parents shall have an opportunity to agree to a joint child custody arrangement if it is in the best interests of the child. However, the court has the authority and discretion to determine the child custody arrangement if the parents cannot agree or if other factors require it. For example, sole custody may be appropriate for reasons such as the stability of the child’s home environment or if a spouse is unfit to parent.
Get experienced and trusted legal counsel when working with a Ramsey divorce lawyer at the O’Cathain Law Group Family Law Department. Whether it is negotiating a divorce settlement or asserting your rights in court, we are here to help, so contact us today.