While New Brunswick divorce attorneys recognize dissolution of a marriage is rarely pleasant, some are more bitter and prolonged than others. Child custody battles, a complex marital estate, or sentimental assets can all make the divorce process both lengthy and emotional.
While no one wants to delay their divorce longer than is necessary, those involved also need to ensure the protection of property and parental rights. A divorce lawyer in New Brunswick can help litigants meet both these goals to resolve a divorce in the manner which is best for them and their families.
Addressing Child Custody Matters in a New Jersey Divorce Case
For couples with children, the most emotional issue in a divorce is often child custody. Some parents negotiate arrangements for legal custody (decision-making authority) and physical custody (the schedule of what time a child spends with each parent) without the intervention of a court. This is possible when both parents can still communicate and work together for the best interests of their children. This often requires one or both parents to prioritize the child’s interests over their own. If one or both parents harbors a simmering resentment or outright hostility for the other, it may be difficult if not impossible to negotiate a fair custody arrangement on their own. If negotiation simply is not possible, the issue must be submitted to trial to be resolved by a judge.
Like other states, New Jersey law requires family court judges to make custody determinations in accordance with the best interests of the child. (See New Jersey Code §9:2-4.) A judge may enter orders for joint custody or sole custody. A judge may award parenting time to a noncustodial parent. A family court can also order any other arrangement which it deems to be in the best interest of the child. This means that parents who submit child custody issues to litigation face the risk that a judge will not rule in their favor. Litigating a child custody issue can also increase acrimony between two parents who are forced to work together long after the litigation is over. For these reasons, litigating child custody is not advisable in every case. A New Jersey child custody attorney can help parents determine the best way to meet their parenting goals.
Dividing Up Complex Marital Assets Under New Jersey Divorce Law
Money is another frequent source of conflict between divorcing parties. Particularly when a marital estate is large or complex, it can be difficult - if not impossible - for the parties to agree on how to divide it. This can lead to a divorce which is both drawn-out and highly expensive. An extreme example of this arose outside of Chicago when the wife of the multimillionaire founder of Cancer Treatment Centers of America filed for divorce. According to The Chicago Tribune, the case took eight years, millions of dollars in legal fees, and months of trial to be resolved – and it’s still not truly over yet. The wife has filed her intent to appeal the trial judgment, which awarded her a $6.5 million lump sum payment and $55,000 per month in alimony. Her attorneys have also requested an additional $250,000 in attorney’s fees to hire an appellate attorney.
While this case may be an extreme example, this is not the only couple who faces a painful division of complex marital assets. A New Brunswick divorce attorney can help litigants determine when it is appropriate to settle, and when an issue should be submitted to litigation.
If you are considering a New Jersey divorce, contact New Brunswick divorce attorneys at Rozin-Golinder Law LLC by calling (732) 810-0034.
Additional Resources: Ex-wife of Cancer Treatment Centers founder appeals multimillion dollar divorce ruling, by Amanda Marrazzo, The Chicago Tribune, December 14, 2017.
More Blog Entries: How is Property Division Handled in New Jersey?, December 27, 2016, New Jersey Family Law Attorney Blog