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Divorce can be devastating whether you are the one initiating it or on the
receiving end. Through the process of the divorce the emotions of you and your
spouse can be intense and overwhelming. This is why it is so important that the
attorney that you choose to represent you will be of the mind set to minimize
your emotional and financial contributions throughout the divorce process. Here
at The Levine Law Firm, we focus on developing a workable solution to issues
related to custody, parenting time, and finances. Moreover, we are concerned
with providing you with the best legal guidance, informed decision-making, as well
as, fighting for you and respecting your needs. Since divorce cases often
require knowledge of other fields of law, such as real estate, commercial,
estates, trusts and disabilities law. Our law firm has other attorneys
experienced in the foregoing fields of law and, available for consultations when
needed. We will also make sure that you leave the process of the divorce
loving and respecting yourself to be a better person.
Frequently Asked Questions about the
process of divorce in New Jersey:
What are the grounds for divorce in New Jersey?
What
documentation will my attorney need in
order to proceed with my divorce?
I would like to
have custody of my children half the
time. How can I accomplish this?
After the
divorce is finalized, will my spouse be
entitled to any portion of my pension?
How can I keep
the cost of my legal bills under control
during my divorce process?
I want a divorce
but I don’t think that I can afford to
hire an attorney what can I do?
My spouse owns
a business and property, how to I make
sure that I will get my fair share at
the conclusion of my divorce process?
Are alimony and
child support taxable?
I live in a
common law marriage. What type of
support and property am I entitled to?
What are the grounds for divorce in New Jersey?
New Jersey has both fault and no-fault grounds. However, in most cases,
fault has no bearing on the outcome of the divorce or how the marital assets
will be divided. Under exceptional circumstances, a court may consider the
grounds for the divorce as a factor in determining spousal support. Below are
some of the common grounds for divorce in New Jersey:
-
Irreconcilable
differences;
-
Separation for 18
consecutive months (this is “no fault”
and the parties must live in separate
residences during this time);
-
Extreme Cruelty (physical
and/or mental);
-
Adultery;
-
Willful desertion for at
least one year;
-
Habitual drunkenness or
addiction for at least 12 consecutive
months;
-
Institutionalization for
mental illness for at least 24
consecutive months;
-
Imprisonment for at least
18 consecutive months;
-
Deviant sexual conduct.
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What
documentation will my attorney need in
order to proceed with my divorce?
-
Your attorney will
need the following documentation/records
to proceed with your divorce:
-
Full addresses, social
–security numbers, and phone numbers for
you and your spouse.
-
Full names, birth dates,
addresses, social security numbers of
all children of the marriage.
-
Information about any
prior marriage of either spouse as well
as, information about any children of
any prior marriage, including a
certified copy of the divorce decree.
-
A copy of a prenuptial
agreement or any other existing
agreements, if applicable.
-
Copies of income taxes for
the past 5 years, and/or any other
related data from the IRS.
-
Copies of 3 most current
pay stubs.
-
A list of assets and
liabilities of both spouses.
-
Information about any and
all pensions of both spouses.
-
Information related to any
business interests of either spouse.
-
Bank account statements,
credit card statements and financial
statements.
-
Loan applications,
broker’s statements, stock certificates
and insurance information.
-
Information about any
previous legal proceedings between the
spouses and/or any children.
-
Dates of previous separations
and/or marriage counseling.
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I would like to
have custody of my children half the
time. How can I accomplish this?
Children are not property, thus it
is not your or your spouses’ rights that
are most important in a case involving a
custody dispute. The legal
standard in deciding custody of a child
is that child’s best interest. The
court will want to consider any fact
that is relevant to the best interests
of your children in reaching a decision
on how you and your spouse will share
custody of your children in the future.
This means that your custody will be
governed by the specific facts of your
case. This may also entail hiring
experts to conduct evaluations. It
may also involve engaging in custody
mediation with your spouse. Each
case is different and will most likely
turn on its own facts.
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After the
divorce is finalized, will my spouse be
entitled to any portion of my pension?
Generally, pensions are considered
property and part of the marital
estate. Therefore, this asset will be
subject to division. Here at the Levine
Law Firm we will sit down with you,
determine what your needs are and, make
a determination as to the best way to
treat the pension asset in your
divorce. Moreover, it may be necessary
to retain an expert that specializes in
valuation of your or your spouse’s
pension.
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How can I keep
the cost of my legal bills under control
during my divorce process?
The best way to keep your legal
bills under control is to be reasonable
and organized during the process of your
divorce. If you have a list of issues
to discuss with your attorney, schedule
a meeting or a telephone conference
during which, all of your issues can be
addressed, as opposed to communicating
them in a scattered manner over time.
Moreover, the more concise and specific
the information you provide to your
divorce attorney, the less time he/she
will need to properly prepare your case
and protect your interests. Organize
your records and produce them to your
divorce attorney in a chronological
manner. An organized and proactive
client saves fees in his/her divorce
case.
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I want a divorce
but I don’t think that I can afford to
hire an attorney what can I do?
You may actually have more money
than you think you do. If an asset is
jointly held, you may be able to take a
portion or even a half of that asset to
use towards your counsel fees without
your spouses’ permission. Income tax
refunds and loans borrowing against
pensions/similar assets can be used to
hire an attorney. Here at the Levine
Law Firm, we may be able to help your
I tap into sources of funds which may not
be obvious.
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My spouse owns
a business and property, how to I make
sure that I will get my fair share at
the conclusion of my divorce process?
The best way to insure that you will
be getting your fair share at the end of
your divorce is to hire a forensic
accountant/business evaluator who,
regularly works on matrimonial cases.
This professional will assist you and
your attorney in valuing the business
for equitable distribution purposes and
establishing the true economic cash
flow/income derived from your spouses’
business for purposes of determining
fair and adequate support. This will
usually entail an engagement letter as
an “expert” or “consultant” and a
retainer for the professional that you
choose to be brought on board.
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Are alimony and
child support taxable?
Alimony is while, child support is
not. In New Jersey child support is
prescribed by state-mandated guidelines
unless, the case involves for example, a
special needs child whose living
expenses may be significant. Alimony is
typically negotiated. Your tax
implications should be strategically
addressed by your divorce attorney
during the negotiations phase of your
divorce.
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I live in a
common law marriage. What type of
support and property am I entitled to?
You may be entitled to palimony
depending on the particular facts of
your case and whether or not, your
cohabitant has made promises to support
you. It is important to note
however, that the principles of
equitable distribution and counsel fees
do not apply to you. The law in
New Jersey does not provide the same
protections to people who reside
together and those who are legally
married. However, case law in
New Jersey does provide provisions for
cohabitants. Depending on the
specific facts of your case, the court
may find that you and your cohabitant
have a contractual relationship based on
which the court may justify financial
support.
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