< New Jersey Family Law Blog | Carolann M. Aschoff, P.C.
Carolann M. Aschoff, P.C.

New Jersey Family Law Blog

Creating a parenting agreement may help to reduce conflict

You and your spouse have decided to get divorced, and you look forward to moving on with your separate lives in the future. The problem is, you have young children, too. Who will end up receiving custody of them?

The good news is that the matter of child custody does not have to become a source of major conflict between you and your future ex-spouse. Instead, you can work together to resolve this matter outside of court and produce a parenting agreement, thus avoiding having to proceed to trial.

How can I protect my business when getting a divorce?

As a Jersey City business owner, you’d do anything to protect your enterprise. This includes safeguarding your business from divorce, which is unfortunately a very real possibility for many couples out there. Inc. explains a few of the options available to entrepreneurs to ensure their businesses stay intact when faced with divorce proceedings.

All business owners should have a solid premarital agreement in place before getting married. While it can be difficult to broach the topic with the person you love, it’s essential to have tough conversations about finances well before your nuptials. A premarital agreement will explicitly state who owns what going into a marriage, which prevents your spouse from claiming ownership in your business should you divorce.

The basics of property division

When New Jersey couples get divorced, they usually need to discuss how they will divide their property. This process can quickly become complicated, so it is important for people to understand basic facts about property division.

Most of the time, people can divide their property into two categories. According to FindLaw, these categories are separate property and community property. Separate property typically includes all of the assets that belong to only one spouse, such as an inheritance or a pension. This also includes property that one person owned before getting married. Assets purchased by a couple are usually considered community property. This may include debt as well as physical belongings. If one spouse helped the other buy property before they were married, this property may be considered community property. Additionally, a business run by one person might be viewed as community property if is supported by joint funds.

Child custody and Halloween

For parents, child custody issues can be one of the more challenging aspects of family law. These cases often involve strong emotions and may also lead to a great deal of stress. After all, the well-being of a child is more important than other divorce issues. Parents face various challenges due to custody issues, especially during holidays. Moreover, some holidays, such as Halloween, can be especially tricky.

Often, Halloween falls on weekdays, which means that kids are in school during the day and this can also affect custody schedules. Parents may want to set up a schedule for Halloween and talk with each other about the holiday (although this is not possible in every case). For example, if one parent cares very deeply about trick-or-treating with their child and spending time with them on Halloween, and the other parent does not celebrate the holiday, this may need to be considered when deciding who the child will stay with during the holiday.

Bringing up mediation with your spouse

When a couple makes the decision to end their marriage, they may worry about some of the difficulties they may encounter as a result of this decision, such as court-related stress, legal costs and time lost while they are dealing with these matters. Ending a marriage can be challenging, but there are certain ways in which some people can make the entire process less burdensome. For example, some benefit from working with a divorce mediator. If you are considering mediation, it is important to explore the ins and outs of this route and discuss the idea with your spouse.

First of all, mediation offers a number of perks for many couples. for example, it can make the divorce process less expensive, reduce tensions and divorce-related conflict and help ensure the long-term success of a resolution. Mediation can be especially beneficial for those with kids since it can make the process easier for parents and may result in a more harmonious environment during such a potentially difficult time. These are some of the benefits you may want to bring up with your marital partner if you are thinking about mediation.

How to prepare children for a divorce

Sometimes divorce is the best, if not only, option for a couple in New Jersey to move forward with their own lives. This is not an easy reality to accept, particularly when considering how this will affect other important elements of your life. As a parent, a major priority to consider is the wellbeing of any children in the family.

How do parents prepare to tell their children about an upcoming divorce? What can you say and do to make this process as painless and simple as possible for the kids?

Family violence over a divorce issue

Ending a marriage can turn life upside down in many ways, and this is especially true for some unfortunate people who have been subjected to family violence or threats of violence. In Jersey City and across the state of New Jersey, those who are going through a divorce or struggling with post-divorce matters such as child support payments or custody and visitation may experience stress, depression or even anger. Sadly, these strong emotions can be so severe that they push someone to carry out an act of violence or threaten to harm someone, and victims need to take action swiftly.

If you are a parent, it is pivotal for you to do all you can to protect your child. Moreover, you may be a non-custodial parent but you could worry about the well-being of your child because you believe that their other parent is mistreating them or you have received threats involving your child. It is extremely important to take family violence and threats seriously and identify the proper course of action. For example, abuse may have an impact on child custody.

Discussing a custody dispute with kids

For parents, family law can be a tough subject. From mentioning the idea of a divorce to your children to adjusting to changes following a custody ruling, there are many ways in which family law can be tricky. Custody disputes can be particularly challenging, and many parents may have an even harder time dealing with these issues during the back-to-school season. However, it is crucial to make sure that you do all you can to help your child with this transition.

Kids may have a variety of questions regarding a custody dispute. For example, they may wonder why the dispute is even happening in the first place, or they could be unsure of how their future will be affected by the outcome of a dispute. You should try to answer their questions thoroughly, since doing so could give them some peace of mind. Moreover, you should try to make them know that they will still be loved, regardless of the end result of a custody dispute.

Filing for divorce in the limelight

Those who have a very high net worth may have a more complex divorce for various reasons, especially those which are financial in nature. With that being said, the end of a marriage can also be tricky for those moving forward with a high asset divorce due to public attention. Sometimes, people in this position have to deal with a high-profile divorce that is highly publicized in newspapers, magazines, social media platforms and countless websites. It is vital to approach your divorce properly if you expect to face some of these challenges. At our New Jersey law office, we are well aware of the hurdles that some couples experience in this regard.

First, it is important to stay focused on your divorce regardless of what you read in the news or see people say online. Unfortunately, gossip can spread and can also serve as a source of distraction, at a time when there may be much at stake. Outside of financial concerns, there are many other aspects of the divorce process which can be even more difficult when a couple's divorce receives a great deal of attention, such as the outcome of a dispute over child custody.

Additional concerns surrounding high asset divorce

We know that for any couple, divorce can be tough, regardless of their financial circumstances. With this being said, some couples have it especially hard when they decide to bring their marriage to an end. Not only do couples who have children sometimes have difficulties during divorce (child support payments, custody disputes, etc.), but the financial considerations concerning the divorce process can be particularly tough for those with a high net worth. If you are preparing for a high asset divorce, it is vital to go over the ins and outs of how this major change could affect you financially.

Property division is often a major hurdle for those going through a high net worth divorce, as well as spousal support payments, child support and adjusting to life without one's spouse. For those with significant assets, these issues can be particularly complex. For example, someone who runs a business may be unsure of the different ways in which their decision to go ahead with a divorce will impact the future of their company and those who work for them. Moreover, some people who go through a high asset divorce are famous or receive a lot of attention in their local community, which can add even more stress to the entire process.

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