If you are reading this, it is likely that you are going through a difficult and emotional time. The decision to file for a divorce is never easy, and when you are dealing with a complex divorce case, it can feel even more overwhelming. Whether you are facing intricate financial disputes, custody issues, or challenges involving property division, you may find yourself feeling confused about the legal process. At Tanya L. Freeman, Attorney at Law, we understand how hard this can be, and we are here to help guide you through the complexities of your case.
Understanding Complex Divorces in New Jersey
Divorce is already a challenging process for most people, but when there are more complicated elements involved, such as high-value assets, business ownership, spousal support, or child custody disputes, it becomes a complex case. Complex divorces can involve multiple layers of negotiation, litigation, and financial considerations that require a deeper understanding of the law.
In New Jersey, a complex divorce can also involve difficult questions about the division of assets, including property acquired during the marriage, retirement funds, or investments. The process can also be further complicated when one spouse is hiding assets or is intentionally difficult during the proceedings. When children are involved, custody and visitation arrangements can make the process even more emotional. With so much at stake, having the right legal team on your side is crucial to ensuring that your case is handled properly and that you get the outcome you deserve.
Recent Changes in New Jersey Divorce Laws
Over the past few years, New Jersey has made several updates to its divorce laws that may impact your case. It’s important to stay informed about these changes because they could affect various aspects of your divorce, from property division to spousal support and child custody. For example, recent changes have made it easier for courts to ensure that both parties receive an equitable division of assets, even when one spouse tries to hide financial information.
In addition to this, New Jersey courts have begun to place a greater emphasis on ensuring that children’s best interests are considered when it comes to custody and visitation. The state has moved toward a more balanced approach, encouraging both parents to be involved in their children’s lives, unless there is a safety concern. This is something that could be relevant if you are facing a child custody dispute as part of your complex divorce case.
Managing Partner of the Family Law Practice at Callagy Law
More than an accomplished divorce and family law attorney, Tanya L. Freeman, is a consummate professional with a wealth of corporate and life experience.
Known as a leader and strategist, Tanya L. Freeman was appointed by the Governor of New Jersey as Chair of the Board of Directors of the University Hospital in Newark, New Jersey.
Tanya L. Freeman also presents among the ranks of public speakers. She captivates and inspires professional groups nationwide. "Tanya has the eloquence and oratory brilliance with the ability to forge deep connections with her listeners."
Financial Considerations in Complex Divorce Cases
One of the most complicated parts of any divorce is dividing the couple’s assets, especially when there are significant assets like real estate, investments, or businesses involved. In a complex divorce case, these assets may need to be thoroughly evaluated to determine their value. It is common for a forensic accountant or financial expert to be brought in to help with this process. In New Jersey, courts require an equitable distribution of marital property, which means that the assets should be divided fairly, though not necessarily equally.
In cases where one spouse hides assets, intentionally undervalues property, or attempts to manipulate financial records, it can complicate the process even further. You may need to take legal action to uncover hidden assets and ensure that your spouse is not taking advantage of the situation. If your case involves business ownership or professional practices, these assets must also be valued appropriately, which can sometimes require the assistance of business evaluators or other financial professionals.
Spousal Support and Alimony in Complex Divorces
Another key area in complex divorce cases is spousal support, or alimony. In New Jersey, spousal support is not automatically granted, and the court will consider various factors, such as the length of the marriage, the financial and non-financial contributions of each spouse, and the recipient spouse’s need for support. In cases where one spouse has been the primary breadwinner or has supported the other spouse through career development or education, alimony may play a significant role in the case.
There are several different types of alimony in New Jersey, including temporary, rehabilitative, and permanent. Rehabilitative alimony is often awarded when one spouse needs time to gain the skills necessary to become financially independent. Permanent alimony may be awarded in long-term marriages, where one spouse is unable to support themselves due to age, illness, or other factors.
In complex divorce cases, spousal support can be a highly contested issue, as the higher-earning spouse may not want to provide support, or may want to limit the amount they pay. It is important to understand how New Jersey courts calculate alimony and to have a legal team that can advocate for your rights and financial security.
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Child Custody and Parenting Time
In any divorce case involving children, the issue of custody and visitation must be addressed. In complex divorce cases, this issue can become even more difficult, especially when one spouse is accused of being unfit or when there are disputes over the child’s primary residence. New Jersey law requires that the court consider the best interests of the child when making decisions about custody, which includes factors such as the child’s emotional needs, the parents’ ability to care for the child, and the child’s relationship with each parent.
New Jersey courts will also take into account any history of domestic violence, substance abuse, or neglect when making decisions about custody. In complex divorce cases, it is not uncommon for one spouse to try to manipulate the situation or make false accusations in an effort to gain a more favorable custody arrangement. This can make the case more difficult and emotionally charged, but it is important to stay focused on the best interests of the child and to work with your attorney to protect your rights as a parent.
What Can You Do to Ensure a Successful Case?
While a complex divorce can feel daunting, there are steps you can take to help ensure a positive outcome. First and foremost, it is important to work with an experienced attorney who can help you navigate the complexities of your case. An attorney with experience handling complex divorces can help you understand your rights, ensure that your assets are protected, and advocate on your behalf in the courtroom.
Another important step is to be proactive in gathering documentation and evidence related to your case. This includes financial documents, property records, and any other information that may be relevant to the division of assets or the determination of custody. The more prepared you are, the stronger your case will be.
Try to remain calm and focused throughout the process. Divorce is an emotional experience, and it can be easy to get caught up in the feelings of anger, hurt, or frustration. However, it is crucial to make decisions based on what is best for you and your family, rather than letting emotions dictate the course of your case.
At our firm, we understand how difficult a complex divorce can be, and we are committed to helping you navigate the legal process with compassion and expertise. Our goal is to make sure that you have the support you need to achieve the best possible outcome for your case. If you are currently facing a complex divorce in New Jersey, we are here to help. Contact us today to schedule a consultation and learn how we can assist you with your case. Let us be your trusted partner as you move forward toward a brighter future.