Englewood Cliffs Legal Blog

As couples in New Jersey go through the divorce process, they have to work out a lot of issues, including who will get the marital home and how custody of the children will be arranged. It can be easy for couples to focus on what needs to be taken care of in the short term. However, they should not overlook how their divorce will affect them in the future, especially when it comes to how their retirement could be affected by divorce.

A person may quickly assume that a pension will automatically go to the individual who earned it at their job. However, it is important for individuals who are going through the divorce process to know that pensions are considered to be marital assets. The portion of the pension that was earned during the marriage is likely subject to be divided during the divorce. Laws in each state differ, so it is good to know if it will be necessary to offset this loss with other assets in order to keep a pension intact.

When parents of younger children get divorced in New Jersey, custody decisions have to be made. At one time, mothers were far more likely to be favored in custody-related matters. Moms still tend to get more custody time, but there has been a noticeable shift over the years toward shared parenting arrangements. In fact, one study covering this topic shows that mothers were granted sole custody roughly 80% of the time in the early 1980s. Nearly 30 years later, mothers assumed full parenting duties about 40% of the time.

It's increasingly common for courts to begin with a presumption of legal custody when addressing such matters. Physical custody, on the other hand, still favors mothers. This is largely because of a desire to maintain consistency with daily routines, such as where a child goes to school. Still, it's rare for involved fathers to be completely kept out of the parenting loop today. Changes in attitudes about a father's role in parenting, the liberalization of divorce laws, and more women joining the workforce are among the societal shifts that may have contributed to an increased preference for co-parenting arrangements.

In some cases, a parent can win a child custody hearing by knowing what types of evidence to bring. When a case begins, each side will have the opportunity to state their position in writing. If the other parent initiates the case, an individual will have the right to see exactly what he or she is using as the basis to do so. Including as many documents as possible can be helpful in making a good first impression with a judge.

Ideally, an individual will include phone logs, a copy of the visitation schedule and medical records. This can show that a parent takes an active role in a child's upbringing. It can also be used to show that a child is frequently injured or otherwise in harm's way with the other parent. Bringing a child's report card to court may imply that a child does better in school when in that person's care.

When involved in a divorce and either you or your partner has a high income or considerable assets, you may face complications that other couples typically will not. When your financial situation is especially complex, you probably want to do everything in your power to make sure you receive everything you deserve, and many people facing similar circumstances are frequently relying on forensic accountants to help make this happen.

Just what is a forensic accountant? Essentially, this type of accounting professional is well-versed in identifying, analyzing, interpreting and summarizing complex financial data, and forensic accountants often take a central role in complicated financial, family or business matters. So, how do you know if you need to add one to your divorce team? While divorcing parties at all income levels can potentially benefit from hiring a forensic accountant to help them, it may prove particularly advantageous to do so if you: