Englewood Cliffs Legal Blog

When New Jersey parents split up or begin the divorce process, a child visitation schedule may be set so that the noncustodial parent gets to spend time with his or her children. In most cases, the child visitation schedule is ordered by the court and must be adhered to. If one or both parents violate the visitation order, there may be court penalties.

While the court usually encourages visitation time with the children, there are cases where agreeing to a visitation schedule can be difficult for parents. Some sets of parents might live too far apart to make a visitation schedule work feasibly, especially if one parent has to travel to see the children. The visitation schedule in this case could include the exact dates and times that the traveling parent can see the children. A visitation schedule may also be set for parents who have shared custody to make transitions between households easier for the children.

Couples in New Jersey who are getting a divorce can end up with unpleasant surprises if they divide their retirement assets in the wrong way. To avoid high penalties, unexpected tax bills and an ex-spouse receiving a higher share than intended, it is important that spouses are aware of how different retirement accounts should be treated.

For workplace retirement plans, like a conventional pension plan or a 401(k) account, a qualified domestic relations order is needed for the receiving party to gain access to their share. While the QDRO is based on what is stipulated in the divorce decree, it is a separate legal document. The administrator of the plan should be contacted to make sure that the proper steps are being taken and the transfer is executed without a glitch. Furthermore, the legal document should be carefully reviewed by a divorce attorney before being filed with the court.

New Jersey parents headed for a marital breakup can avoid ugly courtroom battles if both parties are properly motivated and make use of available resources. In the wake of divorce, it can be tempting to seek revenge through the litigation process, but doing so puts child welfare at risk. Making the best of a painful situation often requires finding workable solutions that put children in the best position to prosper.

Generally, the best place begin for a negotiated solution to child custody is assuming an equal split of parenting time between the parties. Most jurisdictions lean toward this configuration whenever possible and have set aside assumptions based upon historical perceptions of gender roles in parenting. Equal parenting is merely a starting point. Parents must be honest with each other and themselves in considering individual parenting styles, logistical factors and the best interests of the children. The key is for all parties to make use of available information and processes to find solutions benefitting the family.

New Jersey parents who are getting a divorce may be concerned about the welfare of their children. Even in a contentious divorce, there are many things they can do to ensure they are able to co-parent effectively.

First, parents may want to work with attorneys who will use alternate dispute resolution methods such as mediation rather than going straight to litigation. This may help them reach an agreement on custody with which they are both satisfied. Parents may be able to remove themselves from the immediate emotion of the situation by thinking of each other as a business partner. They can get the help of their attorneys in creating the parenting agreement if necessary. Part of this can include making a plan for conflict resolution. Parents could agree to return to mediation at any time if necessary.