If you are considering divorce, or you are already in the process, it is completely normal to feel unsure about how a divorce will impact your finances, your children, and your future overall. The Law Office of Rachel S. Cotrino, LLC, is here to answer your questions and provide you with the comprehensive legal guidance you deserve. If you’re facing a divorce or another family law matter, please don’t hesitate to contact a skilled Burlington County divorce lawyer today.
Divorce Lawyer Serving Clients in Burlington County, New Jersey
Here at Law Office of Rachel S. Cotrino, LLC, we handle a wide range of family law issues on behalf of our clients, including the following:
- Divorce
- Property Division
- Alimony
- Child Custody
- Child Support
- Prenuptial Agreements
- Paternity
- Relocation
- Post-Divorce Modifications
- LGBT Family Law
- Divorce Mediation
- High Net Worth Divorce
- Family Law Enforcement
- Adoption
How Do NJ Courts Determine Who Gets What in a Divorce?
In New Jersey, property division is handled through what is known as equitable distribution. This means that marital assets are divided in a way that the court considers fair, though not necessarily equal, which can come as a surprise to many people at the outset of a divorce. Because every marriage is different, courts take a detailed look at a wide range of factors before deciding how property and debts should be allocated. Some of the most important factors New Jersey courts consider are as follows:
- The duration of the marriage or civil union
- The income, property, and earning capacity of each spouse
- The standard of living established during the marriage
- Any prenuptial or postnuptial agreements that may exist
- Contributions made by each spouse, including raising children or maintaining the household
- The age, health, and overall condition of both parties
- Whether one parent will need to remain in the marital home for the benefit of the children
- The tax consequences associated with dividing certain assets
- Any outstanding debts and liabilities of each spouse
- Any other factor the court believes is necessary to reach a fair outcome
It is also important to understand that not all property is treated the same. Generally, assets acquired during the marriage are considered marital property, while assets owned prior to the marriage may be treated as separate, so long as they have not been mixed together in a way that changes their character.
How Do Courts Determine Child Custody & Support?
When children are involved, the focus of the court shifts in a very meaningful way. Rather than looking at what is fair to each parent, the court’s primary concern becomes what is in the best interests of the child, which is a standard that guides nearly every custody and support decision in New Jersey. When determining custody, courts will look at factors such as:
- Each parent’s ability to communicate and cooperate with the other
- Willingness to encourage a healthy relationship between the child and the other parent
- The existing relationship between the child and each parent
- Any history of domestic violence
- The safety and well-being of the child
- The stability of each parent’s home environment
- The child’s educational needs and continuity
- The overall fitness of each parent
- The proximity of the parents’ residences
- The amount of time each parent has historically spent with the child
- The child’s preferences, when appropriate based on age and maturity
Child support is typically calculated using statewide guidelines, though the final number is not always as straightforward as many expect. Courts will also consider the following factors:
- Each parent’s income and earning ability
- The number of children involved
- Child care expenses
- Health insurance and medical costs
- Educational expenses
- The amount of parenting time exercised by each parent
The goal is to ensure that children continue to receive the financial support they need while maintaining stability in their day-to-day lives, even after a divorce is finalized.
How Do New Jersey Courts Determine Alimony?
Alimony, which is often referred to as spousal support, is not automatically awarded in every divorce, though it is a central issue in many cases. Instead, courts evaluate whether one spouse has a need for support and whether the other spouse has the ability to provide it. In making that determination, New Jersey courts will consider the following factors:
- The actual financial need of one spouse and the ability of the other to pay
- The length of the marriage
- The age and health of both spouses
- The standard of living established during the marriage
- Each spouse’s earning capacity, education, and employability
- The amount of time one spouse may have spent out of the workforce
- Parental responsibilities for any children
- The time and cost required for education or training to become self-supporting
- Contributions to the marriage, including supporting a spouse’s career
- The distribution of marital property
- Any income available through investments
- Tax implications of an alimony award
- Any other factors the court finds relevant
Depending on the circumstances, alimony may be awarded for a limited period of time or, in longer marriages, on an open durational basis.
What if My Spouse Doesn’t Comply With Our Divorce Agreement?
Even after a divorce is finalized, issues do not always end there. In some cases, one spouse may fail to follow the terms of the agreement or court order, whether that involves missing support payments, refusing to comply with a custody schedule, or failing to transfer assets as required.
If this happens, you do have options, and New Jersey courts take enforcement seriously. One of the primary ways to address noncompliance is by filing a motion to enforce litigant’s rights, which asks the court to step in and require the other party to follow the order. Depending on the situation, potential remedies may include the following:
- Wage garnishment for unpaid child support or alimony
- Seizure of assets or bank accounts
- Court-ordered payment plans for outstanding arrears
- Suspension of driver’s or professional licenses
- Modification of custody or parenting time arrangements
- Orders requiring immediate compliance with specific terms
- Findings of contempt, which in more serious cases can include fines or even incarceration
The important thing to understand is that court orders are not optional. If your former spouse is not complying, taking prompt legal action can help protect your rights and prevent the situation from getting worse.
Contact a Divorce Lawyer in Burlington County Today
Divorce is a process that touches nearly every aspect of your life. Our firm is here to help minimize the impact it has on you. Contact a seasoned Burlington County divorce lawyer from The Law Office of Rachel S. Cotrino, LLC for an initial consultation today so we can discuss your case.
