Tanya L. Freeman

Complex Divorce: We Navigate Through the Complexities, so You Can Choose Your Path Forward

By Tanya L. Freeman, Attorney at Law

Lives become enmeshed throughout marriage. You accumulate assets. You may have children. Your professional career evolves. During divorce, you need help to determine what is a fair and reasonable split as you chart your new path forward.omplex Divorce Attorney in New Jersey

When you and your spouse cannot agree on major issues like distribution of assets, alimony, or child custody, divorce becomes complex. If you’re a business owner or high net worth individual, divorce can be especially complicated due to the amount and type of shared assets. At the Law Office of Tanya L. Freeman, our skilled team is ready to take on any challenge. 

With complex divorces, Tanya L. Freeman can help you navigate: 

  • Business and financial disputes
  • Child custody disputes, including out-of-state or overseas child relocation
  • Domestic abuse and substance abuse claims
  • Challenges to prenuptial agreements

In a complex divorce case, representation by Tanya L. Freeman is straightforward. Our experienced team will work tirelessly through the details so that your future is protected and you can focus on moving forward. Complex Divorce Attorney in New Jersey

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Everything You Need To Know About Complex Divorce

Complex divorces in New Jersey are cases that are not quickly or simply concluded because of factors like significant wealth or intense disagreements. In the best-case scenario, divorcing partners can agree on the distribution of marital assets, the payment of alimony, and issues about child custody and child support. 

In these uncontested divorces, the judge can evaluate and accept the parties’ agreement and integrate it into a final divorce decree a couple of months after the original filing for divorce, notably if the parties received professional aid with the agreement’s writing or review. Then, even if some matters are contested, they can be resolved through mediation or a courtroom hearing.

Are you looking for a complex divorce attorney in New Jersey? The knowledgeable and experienced family law attorney Tanya L. Freeman, Attorney At Law, is skilled in handling and resolving complex divorces in New Jersey.

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High Net Worth Divorces

High-net-worth divorces involve one or both spouses having a high net worth, either individually or jointly. It can be tough to establish an equitable division of the marital estate when it is sizable or comprises any of the complicated assets listed below:

Business Valuations

If you possess business assets and your divorce is not exactly amicable, it is best to brace yourself for a longer resolution process in New Jersey instead of a divorce that does not involve any business assets. If one spouse owns and operates a business, the business will almost certainly require a formal valuation and report. Forensic accountants and actuarial specialists are hired individually or jointly to evaluate the business’s fair market value.

When determining the value of a business, a comprehensive evaluation is often performed. This entails analyzing various aspects such as the company’s physical location, financial records, bookkeeping entries, general ledger summaries, payroll logs, outstanding payments from clients, equipment and machinery, stockpiled inventory, real estate holdings, customer databases, partnership stakes, the overall enterprise, and any intangible assets or goodwill. This meticulous process provides a clear understanding of the company’s worth and helps to ensure a fair and accurate valuation. Furthermore, if you held the business before the marriage, it must be decided whether it is a marital asset. If so, we must determine your spouse’s stake in the company.

We can work with you and your spouse to develop an agreement that suits your needs, whether you choose to sell the business or continue running it after the divorce. We can help you explore options like a buy-out, sale, annuitized settlement, or other form of distribution.

Real Estate

Real estate is frequently one of the most valuable assets in a marital estate. Whether you own a marital home, a vacation house, commercial property, or investment property, you must establish what percentage of the property is subject to equitable distribution and what piece, if any, is exempt from asset division. When dividing assets during a divorce, we must consider several crucial factors. These include the date of marriage, date of purchase, down payment amount, and payment source. It is also important to note that if you acquired the property or payment through inheritance, gift, or bequest, it may impact your percentage share interest in the real estate. 

Once your real estate assets have been properly identified, you must determine whether to keep or sell them. After you decide what to do with the property, our NJ divorce lawyer will work with you to devise a creative method to keep your stake in the assets. Before the settlement is finalized, the property may need to be valued through comparative market evaluations and appraisals. If a valuation or decision on the disposition of the property cannot be reached, the courts must step in.

Stock Options

If you get stock options as part of your salary, you realize the intricacies of allocating these assets in a divorce case. Our team will carefully examine your stock options to determine which assets can be divided equitably. We will thoroughly review the award date and vesting schedule to make an accurate and fair assessment. We may include a constructive trust in your settlement agreement to ensure that any tax implications are properly addressed. Our goal is to provide you with a comprehensive and reliable analysis that will assist you in making informed decisions regarding your stock options. It can protect your pre-distribution interests and rights while protecting all post-judgment choices.

Retirement Funds

Suppose you possessed retirement assets before or during your marriage, such as a 401k, 403B, or IRA. In that case, it is imperative to note that they may be divided equitably during the divorce process. It is a common misconception that if the account is in your name, your spouse is not entitled to a portion of it. However, in most cases in New Jersey, this is not accurate. The value of your retirement account from the wedding date to the date of the divorce complaint will usually be subject to a fair split. This rule applies to pensions, deferred compensation plans, SEPs, and SERPs. While these assets may not be physically divided at the time of the divorce judgment, we work with professionals to establish domestic relations orders. These orders will ensure you receive your fair share and benefit later.

Complex Divorce Factors

Other elements that contribute to complicated divorce circumstances include:

1. Child Relocation Out-of-State

Legal complications may arise if one parent wishes to move to a different state with their child. The parent moving may need court approval, and the other parent may object, resulting in a custody dispute.

2. Jurisdictional Disputes

Determining the proper jurisdiction for the divorce procedures might be difficult if the couple resides in separate states. Conflicts about which state’s laws should be used and the location of the divorce may occur as a result.

3. Parental Alienation

Parental alienation happens when a single parent tries to turn the child against another. It might complicate custody and visitation agreements and cause the child great mental pain.

4. Tax Issues

Divorce may have a significant impact on taxes, especially when there is a high net worth involved. However, determining the tax repercussions of asset and property divisions, alimony, and child support can make divorce difficult.

5. Overseas Relocation

If one parent wants to go abroad with the child, this may give rise to complicated legal problems. For example, the parent moving may need court approval, and the other parent may object, resulting in a custody dispute.

6. Domestic Abuse

Divorce cases involving domestic abuse can get complicated, especially if children are involved. In addition, adjusting custody and visiting schedules to meet safety issues may be necessary.

7. Substance Abuse

Abuse of drugs or alcohol can make divorce procedures more difficult, especially if it compromises the well-being and safety of the children. In addition, treatment for the addicted parent may be required, and custody and visiting schedules may need to be adjusted.

8. Enforcement of Prenuptial Agreements

Because prenuptial agreements must adhere to particular legal standards, their enforcement can be complicated. There may be severe legal repercussions if one party challenges the prenuptial agreement.

Resolving High Conflict Divorces in New Jersey

High-conflict disputed divorce is another difficult divorce where entrenched viewpoints and antagonism thwart a fast and fair conclusion in everyone’s best interests. When politeness and respect provide the most valuable and practical results, it is regrettable that child custody issues are sometimes the most challenging and emotional components of a divorce. Complex Divorce Attorney in New Jersey

Unfortunately, for some people, “winning” the divorce at the cost of the other spouse becomes the purpose of the process, which results in methods like never making concessions, lying, and using a “scorched earth” strategy to win over disagreements over child custody, spousal support, and property distribution. Although we do not influence the other party’s behavior, we can advise you on handling a high-conflict divorce while upholding your legal rights, best interests, and mental health.

Frequently Asked Questions 

What are the Grounds for Divorce Cases in New Jersey?

The parties must have been apart for 18 consecutive months in New Jersey before there may be a no-fault divorce, proving there is no reasonable chance of reunion. Note that divorce is sometimes referred to as dissolution in New Jersey courts. Here are some of the grounds for divorce in New Jersey:

  • Unbridgeable differences  
  • Adultery
  • Desertion
  • Constructive desertion
  • Habitual intoxication or drug use
  • Imprisonment

How Long Does a Divorce Case Take in New Jersey to Be Finalized?

When a spouse files the complaint, a divorce typically takes 10 to 12 months to be finalized. Divorce is as much an emotional procedure as it is a legal one. Cases only conclude when all parties can control their emotions enough to sit down and talk rationally.

Can My Spouse Refuse to Get Divorced?

You can obtain a divorce without your spouse’s permission and without having to show that your spouse did something wrong to do so. However, if your spouse objects to divorce terms, such as property division, child custody, or alimony, the divorce process could take longer and cost more money. By filing for a default divorce, you can still get the divorce you want, even if your spouse is uncooperative.

Trusted Complex Divorce Attorney in New Jersey

Navigating a complicated divorce requires a diverse range of skills, and our team of experienced legal professionals headed by Tanya L. Freeman, Attorney at Law, are the right people for the complex divorce attorney job. We have a thorough understanding of strategy, business and investment knowledge, and the significance of personal branding for your career. Our experts can handle complex issues related to your children, personal brand, cryptocurrency, or financial matters with ease. We highly recommend scheduling a consultation with our team to ensure that your rights, children, assets, and future are safeguarded. You can trust us to provide the best possible outcome for your situation. Complex Divorce Attorney in New Jersey

Looking for a Complex Divorce Lawyer?
Call Tanya L. Freeman, Attorney at Law
at (973) 939-0100

Tanya L. Freeman, Attorney at Law
100 Eagle Rock Avenue, Suite 105
East Hanover, New Jersey 07936
(973) 939-0100