When a marriage is not working and couples have irreconcilable differences, they might inquire about a divorce or separation. Divorce and separation issues can be complicated and emotional ordeals and having the right representation with your best interests in mind is always recommended. Picking the right attorney can mean the difference between a short and painless divorce and an emotionally-driven court battle. Paris P. Eliades Law Firm, LLC has years of experience with divorce and separation issues. Their focus on family law allows them to offer clients a wealth of knowledge and effective counsel with proven results. The firm’s committed attorneys are ready to guide you through your options and help you come to the most positive conclusion to your legal matter. Allow our compassionate staff to assess your case and ease your stress while we diligently represent your matter in the most efficient way possible. Contact Paris P. Eliades Law Firm, LLC for a consultation today.
New Jersey’s alimony law significantly changed in 2014. On September 10, 2014, New Jersey amended its alimony law, N.J.S.A. 2A:34-23. This reformed law completely changes the way judges and attorneys approach alimony. The most significant change is the elimination of “permanent” alimony, which is replaced with “open durational” alimony. Courts in New Jersey can now award one or a combination of the following types of alimony: open durational, limited duration, rehabilitative and reimbursement.
In some cases, a marriage may not end in the most positive way. When couples disagree on the terms for of a divorce or the grounds for divorce, it is considered a contested divorce. Though a party may not agree on the grounds for divorce, that does not stop the process from going forward as New Jersey is a “no-fault” divorce state, allowing for irreconcilable differences to be cited as one of the appropriate grounds for divorce. If you want a divorce, no one can stop you. Some issues keep a divorce from being uncontested.
Division of Assets
Property distribution is one of the major factors spouses will consider when filing for divorce. Both feel entitled to a certain split of assets and their opinions often differ. This issue often leads to contested and heated cases. Like many states, New Jersey is an equitable distribution state and assets will be divided in an equitable fashion. Equitable distribution is the fair and just allocation of assets. This does not always mean equal and the involved parties may disagree with what the state deems fair. New Jersey courts often encourage couples to come to an agreement outside of court to save time and money for both the couple and the state.
Sometimes, a married couple has irreconcilable differences and can no longer stay in the relationship. Over 50% of marriages end in divorce and most of those cases are highly emotional. If you are considering getting a divorce, you probably have a lot of questions. At Paris P. Eliades Law Firm, LLC, we understand that divorces are usually contested over a few unresolved issues. In most emotionally-driven cases, a divorce becomes a drawn-out court battle over issues that must be addressed by the court.
Sometimes, a couple cannot continue a marriage and seek a divorce in order to dissolve the relationship. In some heated and emotional cases, the process can be complicated and lengthy. New Jersey mandates that divorce cases not last longer than a year, but there are always exceptions. In the fortunate case that spouses can agree to all of the issues related to divorce and file an uncontested divorce, the process is only a few months. Whether a contested or uncontested divorce, both situations must address the same applicable issues.
Divorce with a Business
When couples get a divorce, they must all address the same issues, including distribution of marital property, alimony, child support, and child custody. In some cases, a business might complicate the divorce process. Whether the couple works together, one owns the business and the other works separately, or one takes care of the home, a business will most likely be taken into consideration when distributing assets. Unless otherwise agreed upon in writing, when a couple divorces, the business usually falls under shared marital property.
High Net Worth Divorce
Divorces can be complicated and emotional. Both parties would like to move on to a better situation and sometimes issues that must be addressed can become too much for some. An increase in money, possessions, and debt will usually conclude in a more complicated divorce process. Divorces that involve people with combined monies and assets valued more than $1 million are called high net worth divorces. If you are involved in a high net worth divorce, you deserve an attorney with years of experience helping wealthy individuals through the process.
The LGBT community has endured years of injustice related to marriage. Through years of struggle, the LGBT community has fought for the same rights as heterosexual individuals. Until recently, if a same-sex couple wanted to marry, they would need to travel to one of the few states to allow the union. Couples would travel to states like Massachusetts and Vermont in order to make their marriages official. Unfortunately, when they went back to their own states, they were not recognized as a married couple and did not have the same rights as their neighbors.
New Jersey does not acknowledge legal separation. As stated by the New Jersey court’s website, “The court does not grant “legal separations”. If you are living separate and apart from your spouse, you may consider yourself as being separated.” Simply, even though legal separation isn’t acknowledged by the court, there are legally-binding documents that can be drafted agreeing to all of the same issues of a divorce.
Divorce cases where one or both spouses are in the military can be complicated. A military divorce must address the same issues as a civilian divorce including alimony, distribution of assets, child support, and child custody. Unlike a civilian divorce, a military divorce has certain considerations when one or both spouses serve our country and may be away on duty while a court case is pending.
At the end of the divorce proceeding, the judge will draft an order that clarifies the addressed factors of the case. Issues like child support payments and child custody and visitation structures are detailed by the order. In addition, the order also dictates the consequences for not following the judge’s order. If, however, circumstances have changed in your life or the life of your previous spouse, it might be necessary to request a modification from the court.
When a couple gets a divorce, they have many issues to address. Sometimes, these issues can be heated and accordingly, contested. Alimony can be a very emotional issue to resolve as both parties have an opinion on what they are entitled to and they often do not agree. Based on the financial needs of the individual and the earning capacity of both parties in a divorce, the court might award one of the different types of alimony offered in court cases.