Mistakes to Avoid When Getting Divorced

𝐌𝐒𝐬𝐭𝐚𝐀𝐞𝐬 𝐓𝐨 𝐀𝐯𝐨𝐒𝐝 π–π‘πžπ§ π†πžπ­π­π’π§π  πƒπ’π―π¨π«πœπžπ
πŒπˆπ’π“π€πŠπ„: π‘ˆπ‘ π‘–π‘›π‘” 𝐴𝑐𝑐𝑒𝑠𝑠 π‘‘π‘œ πΆβ„Žπ‘–π‘™π‘‘π‘Ÿπ‘’π‘› π‘Žπ‘  πΏπ‘’π‘£π‘’π‘Ÿπ‘Žπ‘”π‘’ π‘œπ‘Ÿ 𝑅𝑒𝑣𝑒𝑛𝑔𝑒
When parents get separated or are seeking a divorce, part of the process will include determining a custody arrangement, which often involves shared physical custody. When you have your children, it might be tempting to withhold access to your kids from your spouse for different reasons.
Some people may refuse to hand over a child simply out of spite or revenge. Others may try to use their children as leverage, only agreeing to allow the other parent to see the kids if they make certain concessions in the divorce case. In any situation, this tactic almost always backfires and causes more problems for you.

If you have a temporary custody order in place, withholding access to your child can violate a shared custody order. This can result in penalties from the court and, possibly, a less favorable outcome by the court when it comes time for the final custody ruling.

π·π‘œ π‘π‘œπ‘‘ π‘‡π‘Ÿπ‘¦ π‘‘π‘œ π‘€π‘Žπ‘›π‘–π‘π‘’π‘™π‘Žπ‘‘π‘’ π‘Œπ‘œπ‘’π‘Ÿ πΆβ„Žπ‘–π‘™π‘‘

Some parents try to plant seeds in their child’s mind that try to turn the child against the other parent. This is often in an attempt to gain an advantage in a child custody determination, though the attempt can backfire. Courts consider whether each parent is willing to foster and encourage a relationship with the other parent when making custody determinations. Being manipulative and trying to turn your child against your spouse can result in an unfavorable custody decision for you.

𝐷𝑖𝑠𝑐𝑒𝑠𝑠 π‘Œπ‘œπ‘’π‘Ÿ π‘„π‘’π‘’π‘ π‘‘π‘–π‘œπ‘›π‘  π‘€π‘–π‘‘β„Ž π‘Ž π‘‡π‘Ÿπ‘’π‘ π‘‘π‘’π‘‘ π‘€π‘œπ‘Ÿπ‘Ÿπ‘–π‘ π‘‘π‘œπ‘€π‘› π·π‘–π‘£π‘œπ‘Ÿπ‘π‘’ πΏπ‘Žπ‘€π‘¦π‘’π‘Ÿ
Custody decisions are difficult enough without one parent trying to interfere with the other’s rights. Withholding access to your child will often only hurt your case, and you should always have the guidance of a Morristown divorce attorney from Eveland & Foster, LLC. Call 973-285-3173

Using Inherited Assets for Marital Purposes

𝐌𝐒𝐬𝐭𝐚𝐀𝐞𝐬 𝐓𝐨 𝐀𝐯𝐨𝐒𝐝 π–π‘πžπ§ π†πžπ­π­π’π§π  πƒπ’π―π¨π«πœπžπ
πŒπˆπ’π“π€πŠπ„: π‘ˆπ‘ π‘–π‘›π‘” π‘–π‘›β„Žπ‘’π‘Ÿπ‘–π‘‘π‘’π‘‘ π‘œπ‘Ÿ 𝑔𝑖𝑓𝑑𝑒𝑑 π‘Žπ‘ π‘ π‘’π‘‘π‘  π‘“π‘œπ‘Ÿ π‘šπ‘Žπ‘Ÿπ‘–π‘‘π‘Žπ‘™ π‘π‘’π‘Ÿπ‘π‘œπ‘ π‘’π‘ /π‘π‘œπ‘šπ‘šπ‘–π‘›π‘”π‘™π‘–π‘›π‘” π‘€π‘–π‘‘β„Ž π‘šπ‘Žπ‘Ÿπ‘–π‘‘π‘Žπ‘™ π‘Žπ‘ π‘ π‘’π‘‘π‘ 

Many people receive significant financial gifts from family members for estate planning purposes or get valuable assets as part of an inheritance. When this happens, it can be tempting to use those funds to purchase a new house with your spouse, pay off marital debts, or otherwise contribute the money to your household. You might even think nothing of depositing inherited or gifted funds into your joint accounts with your spouse. While commingling assets may seem to be the best decision for your family, it can cause serious problems if you decide to get divorced.
Separate vs. Marital Property
When you get divorced, New Jersey law requires that you distribute all marital property in an equitable manner, while each spouse keeps their separate property. Generally speaking, a family gift or inheritance that you receive in your name would be considered separate property for you to retain. This can all change, however.

If you use your inheritance or gifted assets for marital purposes or you commingle those assets with marital assets, it can transition into marital property. For example:

● You inherit $600,000 from your parents
● You use the money to purchase a house for your family and live in the home with your spouse for several years
● Upon a divorce, the home would likely be considered to be marital property even though it was purchased with your separate assets

It is always wise to be careful with assets you inherit, and you might want to discuss how to protect those assets from a divorce with a qualified attorney.
Seek Advice from an Experienced Morristown Divorce Attorney
Our Morristown divorce lawyers at Eveland & Foster, LLC handle complex property division issues in divorce cases.

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