Englewood Cliffs Legal Blog

Prenuptial agreements can make divorce less stressful and more efficient, but there are a number of misconceptions about prenups that make New Jersey couples less likely to have them. People often believe that prenups are only useful where one or both spouses are wealthy, that executing a prenup makes divorce more likely or that they are only useful in the event of divorce.

Contrary to popular belief, prenuptial agreements might be useful in many situations where neither spouse is particularly wealthy. They are designed to handle any and all marital assets, which might include money or real property as well as pets or future spousal support payments. A prenup might also address distribution of assets to children or division of debts among spouses.

When New Jersey judges deny child custody to parents, they base their decisions on the best interests of the children. Although the loss of child custody naturally distresses parents, it does not have to be the final word on the subject. A parent can take action and potentially regain custody.

Self-reflection begins the process. A parent should take an honest look at why a court chose not to award custody. Accusations of child abuse or neglect, even when false, could prompt a judge to withhold custody. The violation of a court order might cause a court to withhold access to children. After identifying the reason, a parent can take steps to correct the problem. Sometimes a court specifies what a person needs to do before requesting custody again. These contingencies could be drug or alcohol treatment, counseling or parenting classes. The person should strive to fulfill any requirement imposed by a court.

New Jersey parents who decide to divorce may face some special challenges. Because the parents are still connected through their children despite their differences and relationship problems, each parent will still need to maintain a connection with the other. Successful co-parenting is important to help the children move on from the divorce and still feel supported by both parents. When the parents are committed to working together in the interests of the children, the divorce process may be less high-conflict and the kids will feel more secure with both of their parents.

A co-parenting agreement can be an important step toward a successful future of joint child-rearing, especially as it can be finalized as part of the divorce. A family law attorney might be able to help divorcing parents to create a parenting plan that includes key decisions about who will be responsible for major parts of the child's life. It will lay out where the child will live, what the custody schedule will be and how the parents will exchange the child during parenting time. In addition, the plan can address how parents will resolve disputes and how holidays will be shared.

New Jersey residents who are getting divorced will discover that dividing assets can be a complex and lengthy process. This is particularly true if one or both partners own a business.

To ensure a fair division, both parties have to be aware of exactly what the business is worth. There may be a concern about balancing the valuation of the business against any child support or alimony obligations the owner may have. There may also be an issue of trust regarding whether the spouse who owns the company is being completely forthcoming about the business income.