Will Domestic Violence affect the Outcome of Your Divorce?

๐–๐ข๐ฅ๐ฅ ๐ƒ๐จ๐ฆ๐ž๐ฌ๐ญ๐ข๐œ ๐•๐ข๐จ๐ฅ๐ž๐ง๐œ๐ž ๐š๐Ÿ๐Ÿ๐ž๐œ๐ญ ๐ญ๐ก๐ž ๐Ž๐ฎ๐ญ๐œ๐จ๐ฆ๐ž ๐จ๐Ÿ ๐˜๐จ๐ฎ๐ซ ๐ƒ๐ข๐ฏ๐จ๐ซ๐œ๐ž?

Domestic violence is a serious issue in New Jersey, and the matter is governed by the Prevention of Domestic Violence Act, which gives rights to victims. Such rights include seeking a restraining order against the abuser, as well as seeking a criminal complaint. Often, domestic violence is a trigger for divorce, but how will this issue impact the outcome of your divorce case?

The Effect of Restraining Orders

Victims of domestic violence often seek temporary restraining orders (TROs) or longer-term restraining orders. One condition of a TRO is that the domestic abuser and victim do not have contact with one another. This will make it impossible to engage in mediation or other settlement negotiations regarding your divorce case. All negotiations will need to go through your attorneys or the matters will need to be left to the court to decide.

Child Custody

If there is a TRO and domestic violence allegations against one parent, the court will certainly take this into consideration when making child custody determinations. If the children were also alleged victims of domestic violence, the court may award sole custody to the non-violent parent with limited visitation rights – if any – to the abusive parent. If the children were not involved in the domestic altercations, the court will need to make sure the non-violent parent is safe when it comes to custody arrangements, as well as taking into account the potential risk to the children.

Discuss Your Situation with a Morristown Divorce Lawyer Right Away
Domestic violence can impact a divorce case in many ways. If you are in this situation, you should have the right legal assistance to both stay safe and protect your rights in the divorce outcome. At Eveland & Foster, LLC, our divorce attorneys represent clients in all different situations. Call 973-285-3173 now.

The Basics of Equitable Distribution in New Jersey

๐“๐ก๐ž ๐๐š๐ฌ๐ข๐œ๐ฌ ๐จ๐Ÿ ๐„๐ช๐ฎ๐ข๐ญ๐š๐›๐ฅ๐ž ๐ƒ๐ข๐ฌ๐ญ๐ซ๐ข๐›๐ฎ๐ญ๐ข๐จ๐ง ๐ข๐ง ๐๐ž๐ฐ ๐‰๐ž๐ซ๐ฌ๐ž๐ฒ

States can enact their own laws regarding how property is divided in a divorce. New Jersey divorce laws require the โ€œequitable distributionโ€ of marital property, which means that everything that is considered to be marital property is divided in a fair manner, given the circumstances. Equitable distribution laws do not require you to divide property 50/50, but instead to consider different factors when determining a fair division.

๐‘Šโ„Ž๐‘Ž๐‘ก ๐บ๐‘’๐‘ก๐‘  ๐ท๐‘–๐‘ฃ๐‘–๐‘‘๐‘’๐‘‘?

The first step of property distribution is to determine what property and assets need to be divided. Put simply, marital property is divided, while each spouse keeps their own separate property. Marital property can include:

โ— The family home
โ— Vehicles
โ— Personal property purchased together
โ— Income earned during the marriage
โ— Investments and retirement accounts
โ— Business interests obtained during the marriage

Even if one spouse purchased something in their name only, it will be marital property if they used marital funds for the purchase.

๐‘‰๐‘Ž๐‘™๐‘ข๐‘–๐‘›๐‘” ๐‘กโ„Ž๐‘’ ๐‘€๐‘Ž๐‘Ÿ๐‘–๐‘ก๐‘Ž๐‘™ ๐‘ƒ๐‘Ÿ๐‘œ๐‘๐‘’๐‘Ÿ๐‘ก๐‘ฆ

Step two of the equitable division process is to determine the value of the marital property. This includes appraising real estate and business interests, as well as taking inventory of all financial accounts.

๐ท๐‘’๐‘๐‘–๐‘‘๐‘–๐‘›๐‘” ๐‘Šโ„Ž๐‘Ž๐‘ก ๐‘–๐‘  ๐ธ๐‘ž๐‘ข๐‘–๐‘ก๐‘Ž๐‘๐‘™๐‘’

There are many factors that go into the determination of what is equitable when it comes to dividing property. Some factors include:

โ— The length of the marriage
โ— The earning ability and financial resources of each spouse
โ— Whether there are any spousal support orders
โ— Each spouseโ€™s separate property
โ— How each spouse contributed to the acquisition of the marital property (not only financial contributions but also household and practical contributions)
Consult with a Morristown Divorce Attorney About Your Situation
Property division is a major part of every divorce, and the Morristown divorce lawyers at Eveland & Foster, LLC, can work to protect your rights under New Jersey law. Call 973-285-3173 now.

Contact Us

    I'm a Human!

    Disclaimer: This website and information presented are for the purposes of legal marketing and general education. No part of this site should be construed as legal advice. Please consult with an attorney regarding your specific situation. Please do not submit any confidential personal information through this website either by email contact form or chat. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. We welcome your inquiries and offer consultations, however neither contacting our firm nor receiving a consultation establishes an attorney-client relationship.