3 Things to Consider When Filing for Divorce

Whether you've been separated for some time or you've recently made the decision to split, dealing with a divorce can be complicated. While some couples manage to separate amicably, spouses often find it difficult to agree to the terms of a divorce. Even if you're both ready to go your separate ways, the financial and practical issues that need to be resolved may result in disagreements. 

Due to this, it's important to seek legal advice as early as you can. Once you know what your rights are, you'll be able to negotiate a fair settlement or instruct your lawyer to take your case to court. With so many aspects to consider, however, it's easy to overlook the important things when you're planning your separation. To ensure you've got everything covered, take a look at these three things you'll want to ask your divorce lawyer straight away:

1. How is Child Custody Dealt With? 

If you share children with your spouse, you'll be eager to know how custody disputes are dealt with during a divorce. Many people are surprised to learn that, to some extent, child custody issues are actually dealt with separately to financial divorce proceedings. Although children may impact the financial outcome of your divorce, the welfare of the children will always be the court's top priority. 

If you and your spouse are unable to come to an agreement regarding the custody arrangements, the court may instruct you to attend mediation sessions or order custody evaluations to be carried out. Although joint custody arrangements are common, the best interests of the child or children will be paramount in the decision-making process. 

2. Who Keeps the House?

The marital home is likely to be one of many marital assets and these can split in various ways, depending on your unique circumstances. Typically, the value of the marital assets is calculated before it's decided how it will be split. 

As New Jersey is an equitable distribution state, assets won't automatically be split 50-50. Instead, numerous factors, such as how long the marriage was, the age and health of the parties, the economic circumstances of the parties, the property brought to the marriage by each party, and the liabilities of the parties will be taken into account. Additionally, if one parent has sole custody of any children of the marriage, their need to occupy the marital home may impact the court's decision as to how property is shared. 

How property is split is usually a hotly contested issue, which is why you'll want to consult an experienced family law firm. With the right legal advice and representation, you can ensure you achieve a fair outcome. 

3. Are You Entitled to Spousal Support? 

If you aren't financially independent, you may want to apply for spousal support. This is paid by one spouse to another and can be paid during the divorce and following the divorce proceedings. However, there are various different types of spousal support, so you will need to determine which is most appropriate, with help from your divorce lawyer. 

Although New Jersey divorce laws are clearly defined, they are complicated. Furthermore, your individual circumstances will have a major impact on the outcome of your case. Due to this, it's always advisable to seek legal advice before and during your divorce proceedings. 

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