Ten Things To Consider When Thinking About Divorce

Navigating a divorce can be challenging, especially when it comes to understanding the legal implications and ensuring your rights are protected. Here are ten things to consider when getting a divorce:

  1. Grounds for Divorce: In numerous jurisdictions, divorce can be sought on both fault-based grounds, such as adultery or extreme cruelty, as well as no-fault grounds, such as irreconcilable differences or separation. The choice of grounds for divorce can impact the legal process and potential outcomes, with fault-based divorces often involving more contentious proceedings. Seek professional legal assistance to identify if both fault-based and no-fault divorces are permitted in your state. Understanding the grounds on which you are filing (such as irreconcilable differences, adultery, desertion, etc.) can influence the legal process and potential outcomes.
  2. Residency Requirements: Before filing for divorce, ensure you meet the state’s residency requirements.
  3. Legal Representation: Consider hiring a competent divorce attorney. If you live in New Jersey, we suggest to consider hiring an attorney that is experiences in New Jersey family law. A skilled attorney can provide guidance, protect your rights, and advocate for your best interests throughout the process.
  4. Child Custody and Support: If you have children, decisions regarding custody, visitation schedules, and child support will need to be made. Understanding your state’s child custody laws and guidelines for child support is essential. A skilled family lawyer can provide guidance.
  5. Division of Assets and Debts: Understanding what constitutes marital property and how it will be divided is crucial. Understanding what constitutes marital property and how it will be divided is critical. A good family lawyer can help provide guidance.
  6. Alimony: In some cases, one spouse may be entitled to alimony (also known as spousal support). Factors such as the length of the marriage, each spouse’s financial situation, and contributions to the marriage are considered when determining alimony.
  7. Mediation and Alternative Dispute Resolution: Consider whether mediation or alternative dispute resolution methods are suitable for your situation. These approaches can often be less adversarial and time-consuming than traditional litigation. A good lawyer can help you assess these options.
  8. Financial Disclosure: Both spouses may be required to fully disclose their financial assets, income, and liabilities during divorce proceedings. In some instances, failing to provide financial information can have serious legal consequences.
  9. Post-Divorce Planning: Think about your post-divorce financial and living arrangements. Develop a plan for housing, budgeting, and any other practical considerations to ensure a smooth transition.
  10. Emotional Support: Divorce can be emotionally taxing. In our opinion, it can be helpful to seek emotional support from friends, family, and/or a professional therapist. Taking care of your mental and emotional well-being can sometimes be just as important as addressing the legal aspects of divorce.

Remember, every divorce is unique. If you live in New Jersey, in our opinion, it’s essential to approach the process with careful consideration and guidance from a legal professional familiar with New Jersey’s divorce laws.

DISCLAIMER This article contains general information and opinions from Burke Williams Law and is not intended to be a source of legal advice for any purpose. No reader of this article should act or refrain from acting on the basis of information included in this article without seeking legal advice of counsel. Burke Williams Law expressly disclaims all liability with respect to actions taken or not taken based on any content in this article.

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