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Divorce

Common Legal Questions and answers, tips and articles about different laws and legal matters. These posts deal with divorce laws and the many questions people have when filing for divorce. They also the cover the differences in the laws between the states.
https://commonlegalquestions.com/index.php/2017/08/18/trends-in-divorce-and-family-law/
https://commonlegalquestions.com/index.php/2017/06/13/legal-separation-versus-divorce/
https://commonlegalquestions.com/index.php/2017/06/09/common-questions-about-divorce/
https://commonlegalquestions.com/index.php/2017/06/02/divorce-laws-in-new-jersey/

What is a Prenup

What is a Prenup?

The mood is just right… a romantic, candlelight dinner for two in an elegant restaurant and when the dessert arrives, there is something much sweeter than the crème brulee, as the gentleman suddenly pulls a velvet box out of his chest pocket and pops the magical question to the woman.  We’ve seen enough romantic movies to know that the question is “will you marry me?”  After the young lady answers in the affirmative, suddenly there are a flurry of decisions to be made and many details to be dealt with before the big event.

But, should one of those details be putting a prenuptial agreement in place before the wedding day?

Nothing puts a kibosh on upcoming nuptials more than talking “prenup”, a word commonly used to describe a prenuptial agreement, or a “contract” that is created between two people before they marry.  This prenuptial agreement may exist between two heterosexual individuals, or, a same-sex couple.

When you read the title of this post:  “What is a Prenup?” you might have scoffed at the topic, thinking prenuptial agreements are just for the rich and famous and not applicable to everyday people.  If a budding romance seems headed to marriage in the near future, you should check out some of the reasons why you might want to consider the practicality of a prenuptial agreement, rather than merely dismissing it as something that is irrelevant to your relationship.

Divorce Advice for Baby Boomers

Americans born Post-World War II between the years 1946 and 1964 are known as the baby boomers. They’re associated with rebellion, reeducation, and redefinition of traditional values. And with that redefinition of values has come a reworking of traditional marriage and divorce. Boomers are divorcing at a much higher rate than any generation before them, creating greater concerns for their futures. Now that the kids are out of the house, they find themselves reflecting more deeply on self, spouse, and the relationship between the two. Their concerns are now directed toward self fulfillment more than previous generations, and their self reflection has redefined retirement. Baby boomers are more likely to opt for partial employment in their retirement or starting over with new careers. But divorce can throw a wrench into retirement plans.

The Cost of Divorce

The costs of divorce can be huge and far reaching. When you’re younger, divorce can negatively impact children, and everyone in the family can have a tough time picking up the pieces. When you’re older, divorce can be a blow to retirement plans, and you might even find yourself retiring later or looking for a part-time job to supplement your income. Even if you’ve planned well for retirement, chances are you never planned on getting divorced in midlife or beyond. Questions arise regarding divorce pension rights, dividing retirement assets, and more. If you find yourself single now that you’re headed toward retirement, it’s vital that you regroup, reorganize, and rethink your finances in order to better plan for the reality of your new single life.

What Assets are Split in Divorce?

All our lives we acquire and lose things. We buy, we sell, trade and borrow. We spend all day at jobs to buy the things we desire. It’s not only physical things that we acquire however. We also acquire retirement plans, bank accounts, investments, and debts. We gain some of these things before marriage and some during. If and when these marriages come to an end assets must be divided between spouses. This is never easy and it’s important to understand your rights so that you receive a fair settlement. It’s wise to get a good understanding of exactly what the value of all these assets are and to hire some professionals such as an attorney and an accountant or actuary to help with this process.

Retirement Planning and Divorce

Going through divorce means big changes for both parties. Daily life changes drastically, new lifestyles must be built, and assets must be divided. It takes a lot of planning and careful consideration in order to protect yourself and your fair share of your assets in divorce. There are many tricky things to divide up from homes and vehicles to bank accounts and retirement plans. Tricky or not, retirement plans are often one of the largest assets that couples have to divide in divorce and are therefore extremely important. In order to make sure that you are getting your fair share you’ll need to have a deep understanding of what you are legally entitled to as well as probably hire a qualified attorney to help you sort the matter out.

What are Divorce Pension Rights?

Huge changes come with divorce across all aspects of life. Your finances are certainly not immune and it’s important to understand and protect your pension rights. Couples already in or approaching retirement will find this to be even more important. Couples will typically have all sorts of assets but retirement plans and funds are often one of the largest. They must be divided fairly and in accordance with the law. It’s critical to understand your divorce pension rights when dividing these assets; otherwise it will be extremely difficult to ensure you get your fair share. Don’t let your divorce ruin all that you have worked for and saved toward retirement!

What is a Collaborative Divorce?

Collaborate
Two People Putting a Puzzle Together

A divorce is never an easy situation to find oneself in; and many times proceedings can seem like they continue forever before they come to an end. A NJ family attorney can help couples file a collaborative divorce which is a new alternative to the traditional process. Collaborative divorce law allows the spouses to work with attorneys who will help them negotiate the terms of a divorce in a much friendlier and peaceful environment. Each spouse will hire a collaborative attorney who will assist them and advise them in negotiating the terms of a settlement agreement. After the two spouses meet with their individual attorneys, the four parties will meet together to discuss the terms of the divorce and try to reach an agreement. If a collaborative divorce cannot be reached the proceedings must go on to the court system. In these cases the collaborative attorney cannot represent their client in the court proceedings. The goal of a collaborative divorce is to peacefully settle all the terms of the divorce through a series of negotiations. A successful collaborative divorce will end with both parties agreeing on all the aspects of the divorce.

Division of Property in a No Fault Divorce

Property Division
House Being Divided by Two Hands

Couples who file for divorce in New Jersey have the option of a no-fault or a fault-based divorce. In a no-fault divorce the parties agree that there are irreconcilable differences which simply means they lack the ability to get along any further and there’s not a chance that they will be able to work it out and get back together. Spouses seeking a no-fault divorce are not required to find fault with the other party or point to something bad which led up to the divorce. A no-fault divorce can be a simpler process and can be easier on the children who are involved.

How do I Get a Divorce in NJ?

Divorce and Family Law
Divorce Definition and Ring

In many areas of the United States the steps for filing for a divorce are very similar with very few differences. Some states even provide kits for uncontested divorces which can be filled out and submitted to the court clerk without the use of a family law attorney. But in most cases it is better to have a family law attorney on hand to help the couple work through the various and unique circumstances they may be facing. One thing that many people neglect is the court jurisdiction where the petition for divorce is to be filed. Most of the time the state or county has regulations regarding residency that must be met before a divorce is filed. Most have a minimum period of residency that must be fulfilled before the court will have the jurisdiction to even hear the case.