There are many couples that find themselves in situations where they feel their marriage can no longer be repaired. This usually leads them to file for divorce. There are several different ways that divorce can occur. However, in the event that spouses find themselves at an impasse regarding their marital terms and cannot reach an agreement, they may need the assistance of the court. This is a contested divorce. During this time, the court can make decisions for the couple regarding child support, child custody, visitation, the division of assets, spousal support, and more. If you are facing a divorce, it is important to retain the services of an experienced New Jersey divorce attorney for help with your case.
What is Equitable Distribution?
When spouses cannot reach an agreement about the division of their assets, they can give this right to the court to do so for them. People in these situations should know that the state of New Jersey is an equitable distribution state. While many people believe this means the assets are divided equally, this is not always the case. Instead, equitable distribution means the fair and just division of assets between both spouses.
How are Child Custody and Support Determined?
Divorce cases that involve children are oftentimes more sensitive. This is because it calls matters of child custody and child support into question. When parents cannot agree about the custody of their child, the court can determine this for them. In these situations, the court considers several different factors regarding the life of the child and parents as well as their relationships. It is important to know that, when this is done, the court makes decisions that are in the interest of the child and not the wants of the parents.
On the other hand, child support is calculated by the New Jersey Child Support Guidelines. This is a formula that determines an amount that is owed in support based on the needs of the child as well as what the parents are able to provide for them. In these situations, both parents are required to financially assist their child. This is the case even if one parent does not have custody.
How is Spousal Support Determined?
In a contested divorce, spouses usually do not want to support each other after they are officially divorced However, there are many cases in which the court requires spousal support. This may be the case if one of the spouses is financially dependent on the other for stability. When this happens, the independent spouse may be required to pay spousal support until the dependent spouse is stable on their own.
Contact our Firm
We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.