What Mistakes do New Jersey Couples Make During the Divorce Process?
The divorce process can often be high-conflict and emotionally ridden. This can cause many divorcing couples to act irrationally and to make major mistakes during the divorce process that cost them for years to come. Some of the most common mistakes in New Jersey divorces are discussed below.
Not having sufficient information about finances to make informed decisions
In some relationships, one spouse may take over the responsibility of managing the finances. The other spouse may be left in the dark. There are many major decisions that are made during a divorce that involve finances, including:
- How to divide property
- Whether to request spousal support
- How much spousal support to request
- How much child support should be provided
These decisions require that you have a firm understanding of your financial situation and your spouse’s. You should also have a realistic idea about the lifestyle you had during the marriage and what a realistic post-divorce budget is. Not having this information can cause you to make agreements or legal arguments that will not provide you with the adequate resources you need.
Not putting the child’s interests first
In New Jersey, courts consider what is in your child’s best interests when making decisions regarding parenting time and plans. Sometimes during a divorce, the children may be in the middle as the parents fight. The courts will generally respect agreements that the parents reach together. However, if you and your spouse cannot reach this agreement, the court will use the best interest of the child standard and determine how to allocate time with the child between the parents.
Fighting over everything
There are times when a fight may be necessary. However, some divorcing spouses fight over everything. This may increase the amount they have to pay their attorneys and make the process more difficult than necessary. There are alternatives to a bitter divorce battle, including collaborative divorce or mediation.
Settling on unfavorable terms
Some spouses just want to get out of the marriage as quickly as possible and may settle their case on unfavorable terms. However, many things cannot be changed after a final decree of divorce, so you may be stuck with the bad consequences. In other situations, you may have to meet a higher legal burden to re-litigate issues, such as showing that there was a substantial change in circumstance to modify the child custody order. Consider the long-term consequences of any decision before agreeing to it.
Not hiring a lawyer
Divorce can often be expensive as the same income is now used to support two households instead of one. Many spouses are tempted to minimize the expense of divorce by tackling the divorce themselves. However, most divorcing spouses are not trained New Jersey family law attorneys. They may not be familiar with the procedures to get a divorce. They may miss filing deadlines that jeopardize their case. It is usually in your best interest to hire a qualified attorney who can safeguard your interests.
Contact a seasoned Freehold family lawyer for help with your divorce case
An experienced family law attorney can help you avoid these common mistakes. At Lomurro Law, we are focused on protecting your legal and financial interests and will fight diligently to represent you. We can review your objectives and legal options during a confidential consultation. Contact us online or call us 732-414-0300 to discuss your case.