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Clark New Jersey Family Law Blog

The benefits of marital agreements

The average age of people getting married in New Jersey has risen, compared to previous generations. There are at least a couple reasons why. Many people are waiting longer in life to get married, compared to previous generations. Others have been married before and are getting married again later in life.

Whatever the specific reason, in the time before they choose to marry, some people may become parents, acquire significant wealth or start their own businesses. With these important things all potentially in existence before getting married, some partners may wish to protect their individual interests in the event that the marriage ends in divorce. Parents may also want to set up secure means of inheritance for children from previous relationships.

How courts decide where children should live

Custody is a major consideration for any parents who choose to go through divorce. And physical custody involves the decision of where a child should live and which parent should be responsible for their day-to-day needs once their parents' marriage has ended. In New Jersey, there are a number of considerations that courts undertake before they make decisions about the physical custody of children.

One consideration that may have bearing on where a child will live is how well they interact with their parents. If a child has a good relationship with one parent and a strained relationship with the other, the court may be more inclined to place the child with the parent who will be more supportive of them. Additionally, children over the age of 12 may be able to assert their own preferences regarding which parent they would prefer to live with in custodial matters.

What is the purpose of a protective order?

Domestic violence affects many victims throughout New Jersey. While some victims may carry the tell-tale signs of abuse on their bodies, others may suffer emotional and psychological harm from their tormentors and may appear perfectly fine to those around them. Both men and women can be victims of domestic violence, and both men and women can be perpetrators of harm on members of their families and households.

It can be hard for a victim of domestic violence to take action to end the pattern of violence in their life, but one option that they may have is to get a protective order issued. A protective order limits the amount of contact a domestic violence perpetrator may have with their victim and imposes penalties on that perpetrator if they violate the orders' terms.

Are you worried about how your divorce will affect your children?

Like most New Jersey parents, you want what is best for your children. In fact, their well-being is among your highest priorities in life. Any number of adult issues can have a trickledown effect when it comes to raising a family. For instance, if you or your spouse loses a job, it can have a significant impact on your children's lives, especially if yours is a single-income household.

Divorce often occurs in New Jersey families. This is definitely an issue that would have implications in your children's lives. If you recently decided to file for divorce, you may be worried about how that decision will affect your kids. The good news is that many people have trod similar paths before you, and you can glean from their advice regarding ways to encourage and support your children as they adapt to a new lifestyle.

Legal assistance for those in need of marital agreements

A marital agreement is an important legal document for individuals who wish to protect their assets and make financially sound decisions about their wealth. In New Jersey, individuals can enter into marital agreements before their weddings, but they can also create postnuptial agreements if they wish to wait until they have said, "I do". The Law Office of Robert Ricci is available to support clients with these and other family law issues.

Marital agreements allow people to openly discuss the significant financial matters that will affect their legal relationships. When people come into new marriages with assets, commitments to children from prior relationships or business interests, they may have concerns about what will happen in the event that their new unions end in divorce. Marital agreements allow them to establish the rules by which such issues will be dealt with.

When financial infidelity affects a marriage

There are numerous reasons that New Jersey marriages end, but one of the most painful events that can lead to the end of a legal relationship is adultery. Adultery involves the extramarital sexual relationship of a person with a third party. When it happens, it may cause a difficult and unfixable rift between the person committing adultery and their spouse. Adultery, also called infidelity, can cause a lack of trust and support between two people who committed to spend their lives together.

Learning that one's partner has had an affair can be a life-altering experience, but couples across the country are discovering the pain of deceit in their relationships from a different form of infidelity: financial infidelity. Financial infidelity happens when a person lies to their spouse about money or finances.

How long does it take to get a divorce?

When a New Jersey resident decides that they want to do something, they may hope to accomplish their goal as fast as possible. While some tasks can start and finish in a relatively short amount of time, others may require days, months or even years to fully finish before they may be considered completed. Though few divorces take multiple years to work through, divorces can last for months after their initial filings.

This is because there are many steps that must be finished before a divorce can be finalized. A party must file for divorce in order to start the process in the courts, and the opposing party must be given time to receive notice of the initial filing and submit their own response. The parties may need time to secure their own counselors and advocates and may wish to undertake valuations of their property prior to dividing it up.

Certain matters cannot be resolved through marital agreements

A martial agreement is a powerful tool. It can help New Jersey residents work out particular financial and property-based matters that may affect their rights during their marriages. As many people know, marital agreements can also help individuals settle their divorces faster, as certain important decisions and discussions have already happened in the preparation of their contracts.

Despite the fact that martial agreements can provide clarity on certain important divorce-related topics, there are some matters that cannot be stipulated in them. Particularly, marital agreements cannot bind parties to any terms that concern their children.

How to protect your business interests in a New Jersey divorce

Like many successful New Jersey entrepreneurs, it may have taken you years to bring your business dreams to fruition. Your business is an intensely personal issue. You're passionate about it; after all, you're the one who put in all those long hours and persevered through the ups and downs of the start-up phase until the glorious day arrived when you hung the "open" sign over the threshold.

Whether that sign is figurative because your business functions on the internet or you have a brick and mortar storefront, since the day you launched, you have nurtured your company as a parent nurtures a child. It's understandable that, since your spouse filed for divorce, you want to do whatever you can to protect your business interests.

New Jersey laws impact divorce procedures and outcomes

The term "divorce" refers to the process of ending a legal relationship and returning two people to the status of single. Across the nation, individuals may seek to end their marriages in divorce and to live their lives separate and apart from their partners. Divorce is an option for New Jersey residents, and those who decide to pursue it should be aware that state law controls it.

What that means is that even though divorces happen in all 50 states of the nation, New Jersey divorces follow state-established procedures and must conform to state-specific laws. For example, in New Jersey, a person may use fault as a ground to base their petition for divorce. In some jurisdictions, fault is not a permissible basis for ending a marriage.

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