New Jersey Divorce Lawyers
Contested Divorce
A New Jersey contested divorce occurs when a couple does not agree on the terms of their outstanding issues in dispute. These issues often include complex child related matters such as child custody, alimony and child support payments, distribution of assets and liabilities, etc.
Child Custody
Not surprisingly, when divorcing couples have child related issues, the divorce process tends to take a sharp emotional turn. Determining the right New Jersey child custody and visitation schedule can be a daunting task, especially when each parent wants an entirely different plan for them and their children. A close analysis of your personal family circumstances along with the New Jersey statute is vital. These intricate custody cases can also require the professional involvement of a mental health expert to perform a best interest custody evaluation before a final arrangement is fixed. Make sure that New Jersey divorce lawyers guides you through this complicated process.
Alimony and Child Support
Almost every highly contested divorce matter includes a dispute over the duration and amount of NJ alimony or child support to be paid. Each of these cases generally involves a disagreement over how much total income a spouse actually earns or how much a spouse can earn if working to their full potential. Capacity to earn and imputation of income are issues that often need to be addressed before there can be a determination of support. Moreover, since not every child support matter falls squarely within the New Jersey child support guidelines calculation, it is important to understand how the equation of child support differs from case to case. For instance, if you have a special needs child or a child who is attending college, the formula rules are generally relaxed.
Distributing Assets and Liabilities
Divorcing couples often find themselves arguing over complex financial issues surrounding a marital home (including a formal appraisal), vacation or investment properties, business valuation, pensions and other retirement accounts such as 401k plans and IRAs, etc. Distribution of assets and liabilities is a multifaceted process, especially in high net worth cases where extensive discovery may be required. There are economic nuances that must be explored before you sign any agreements, including tax implications. Also, the rules on inheritances and pre-marital property are not always as they appear at first glance. A detained investigation may need to be performed using forensic experts and actuaries. Remember that New Jersey is not a community property state and so marital property is distributed in a fair and equitable manner, not necessarily in an equal manner.
If you are unable to settle your matter through negotiations on your own, early settlement panels, intensive settlement conferences, negotiations through your attorneys, or through mediation, then ultimately a trial or arbitration will be conducted where a judge or arbitrator will make all final decisions regarding your unresolved issues.
If you are dealing with a contested divorce contact us today to schedule your FREE INITIAL CONSULTATION with our experienced New Jersey divorce and family law attorneys. Our NJ matrimonial attorneys are skilled litigators and we will vigorously pursue your matter in New Jersey family court.
