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5 Key Considerations Before Filing for Divorce

The decision to pursue a divorce can be one of the most difficult that you may face during the course of your lifetime. The stark reality is that filing for divorce has the potential to truly upend your life. With that in mind, there are five key considerations to bear in mind when it comes to filing for divorce in New Jersey:

  • Finances
  • Kids
  • Communications
  • Timing
  • Support systems
Finances

Before filing for divorce, it is important to consider how the process might impact your financial situation. Do some research on factors such as legal fees, court costs, and other associated expenses you might incur during the process.

You should also consider how your taxes will change after separating or divorcing, and if you will need any help with budgeting or financial planning in order to make ends meet until the divorce is finalized.

When it comes to divorce and finances, you will also need to determine what is most likely to occur when it comes to the assets you have amassed during your marriage as well as the debts you have accumulated. In New Jersey, assets and debts are divided using what is known as the equitable division standard. The equitable division standard calls for assets and debts to be divided between divorcing spouses in a fair and equitable manner. Assets and debts do not need to be divided in a purely fifty-fifty manner – unless such a division would be fair and equitable based on the facts and circumstances of a particular marriage dissolution case.

Kids

If you have children together, it is important to think about their well-being and how they will handle the divorce process. You need to consider how the divorce process and the end of your marriage will impact your kids. Consider if they might benefit from therapy or counseling services as they navigate this difficult transition.

Additionally, you will need to have an appreciation of what is likely to happen when it comes to matters like child custody, parenting time, and child support. You want to garner as much information in this regard as possible so that you are not surprised in regard to issues associated with your kids during a New Jersey marriage dissolution proceeding.

Communication

Divorce can be an emotionally charged event and it is essential to remain level headed during conversations with your spouse regarding the decision to separate. Communicate openly and honestly with each other about what went wrong in order to avoid future arguments and hurt feelings during settlement negotiations or court proceedings. In addition, having an open dialogue about things like child support payments, living arrangements for children, alimony or spousal support requests can help ensure a smoother legal process overall. Ultimately, maintaining solid communication may prove elusive. However, a concerted attempt to maintain decent lines of communication is an important goal during marriage dissolution proceedings.

Timing

Filing for divorce at certain times of the year may lead to delays in processing paperwork due to holidays or other special occasions when courts may not be available for hearings or meetings pertaining to the case. It is also important to take into account any deadlines set forth by state law when initiating a divorce action so that all necessary documents are filed correctly and within the required time frame to avoid any penalties or further delays down the road. Indeed, the failure to properly comply with deadlines even has the potential for a dismissal of a case.

Support System

While going through a divorce can be incredibly difficult, having a strong support system can make all the difference in helping you cope with this trying time in your life. Reach out to family members or close friends who can provide emotional comfort as well as practical advice on handling this major life change positively. Additionally, seeking professional assistance through counseling sessions can help you manage your stress levels throughout the process while providing guidance on working through issues that arise between yourself and your soon-to-be ex-partner along the way. A key element of a comprehensive support system during a divorce is retaining the services of an experienced, dedicated marriage dissolution attorney. If you are considering filing for divorce, call (201) 845-7400 for a free consultation.


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Peter has integrity, and values his relationships with his clients beyond his financial relationship with them. For me to say this about any lawyer is really saying something. He is compassionate, straightforward and knowledgeable. I would easily recommend him to anybody. Lewie W.
★★★★★
Peter Van Aulen handled my case with great diligence and integrity. He is also a compassionate individual who realizes what a difficult time divorce can be emotionally. Peter works hard and doesn't take any shortcuts in preparing for a case… I highly recommend Mr. Van Aulen and his staff. Chuck Solomon
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Peter is an exceptionally great attorney. He handled my child custody case and was able to ease any of my concerns with honest answers. He always took the time to explain the pros/cons and was always available to answer any questions that I had… I would highly recommend this attorney to anyone who is looking for one. Jessica Cruz
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Peter Van Aulen is a very compassionate, honest and straightforward person. He was there for me at my lowest point with a genuine concern not only for my situation, but for me and my child's well being above all… He is fair and he is strong and when push comes to shove he is there for you. Cathy Dodge
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Our cousin used Peter's law office to help with a sticky custody situation. He was extremely responsive, very nice and most importantly did an awesome job with the court! He is awesome. Lawrence Polsky
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