Phoenix, AZ asked in Child Custody and Divorce for New Jersey

Q: Thank you very. Could you list the items that both spouses should review and decide on before filing.

Such as division of assets, division of roles and responsibilities related to custody of children, etc.

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2 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Divorce Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: I cant because I have no idea what issues are outstanding in your matter or what issues could be raised by either of you in a divorce matter without having a consultation with you or your spouse. To do otherwise, invites disaster. My suggestion is that you or your spouse should have a consultation with a divorce lawyer to discuss the issues outstanding and what items need to be addressed in an agreement and how to address them. Or, both of you can meet with a divorce lawyer together in a mediation session setting so that both of you can ask all of the questions applicable to both of you. Its worth spending the money to do it right.

Bari Weinberger
Bari Weinberger
Answered
  • Divorce Lawyer
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. When contemplating divorce, one must be mindful that equitable distribution of assets and liabilities will occur. Thus, it would be helpful to put together a list of all assets, including real estate, bank accounts, retirement benefits, and personalty of substantive value together with account numbers and balances. Same goes for debts liabilities. Custody and parenting time can be much more subjective. New Jersey Courts presume joint custody is appropriate unless proof can be offered otherwise. It is important to consider the children’ schedule, parents’ employment obligations, any special needs of the children, where the children will attend school, and the distance between the respective parents’ residences just to name a few considerations. Parents are treated equally when it comes to parental rights. I would strongly recommend consult with an experienced family law attorney to guide your through the divorce process and how same applied to your particular set of facts.

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