Understanding Child Custody in New Jersey: Key Factors Courts Consider
Divorce is a life-changing legal process, but the attorney that you choose to handle your case can make a world of difference in the outcome and your future. Here at the Law Office of Stephanie Albrecht-Pedrick, LLC, you can have confidence in your decision to partner with a skilled Galloway Township divorce lawyer from our firm. Contact us today so we can discuss your case and begin building a comprehensive strategy on your behalf.
Divorce Lawyer Serving Clients in Galloway Township, New Jersey
We handle all types of family law matters on behalf of our clients in Galloway Township, including the following:
- Uncontested Divorce
- Contested Divorce
- Alimony
- Property Division
- Divorce Mediation
- High Net Worth Divorce
- Business Owner Divorce
- Child Custody
- Child Support
- Relocation
- Prenuptial Agreements
- Post-Judgment Modifications
- Domestic Violence
- LGBTQ Family Law
- College Expenses & Divorce
- Emancipation
- Guardianship
What Is the Difference Between Contested and Uncontested Divorce?
This is perhaps one of the most common questions prospective clients ask, and understandably so.
There are two primary types of divorce in New Jersey: contested divorce and uncontested divorce.
An uncontested divorce means that you and your spouse can reach agreements regarding all major issues associated with your divorce. This can include child custody, parenting time, alimony, child support, who gets to keep the house, and any other issue that may affect your lives after the divorce becomes final.
Generally speaking, uncontested divorces offer several advantages, including:
- Lower legal costs
- Faster resolutions
- Greater privacy
- Less stress on children
- More control over the outcome
Unfortunately, contested divorces are often more common.
If you are involved in a contested divorce, it means that you and your spouse cannot agree on one or more important issues and that a judge may ultimately have to make those decisions for you. Sometimes these disputes involve custody arrangements. Other times they involve allegations regarding hidden assets, business ownership interests, retirement accounts, or requests for alimony. When a divorce is contested, the parties will often participate in:
- Discovery requests
- Depositions
- Financial disclosures
- Custody evaluations
- Motion practice
- Court hearings
That being said, it is important to understand that many divorces begin as contested matters but eventually become uncontested as negotiations continue and both parties gain a better understanding of what a court would likely do if the matter proceeded to trial.
What Happens to the Family Home During Divorce?
For many couples, the family home is both the most valuable asset and the most emotional issue involved in the divorce process. Because of this, one of the questions we hear most often is whether one spouse automatically gets to keep the house.
The answer, in most cases, is no.
New Jersey follows equitable distribution when dividing marital property. Unfortunately, equitable does not mean equal. When determining what should happen to the marital residence, courts may consider factors such as:
- The length of the marriage
- The value of the property
- The amount of equity in the home
- Each spouse’s financial circumstances
- Whether children are involved
- Whether one spouse can afford the mortgage independently
- Whether separate property funds were used to purchase the residence
Several outcomes are possible.
For example, one spouse may buy out the other’s interest in the property and refinance the mortgage solely into his or her name. In other situations, the home may simply be sold and the proceeds divided between the parties. Occasionally, particularly when minor children are involved, one parent may remain in the residence temporarily to provide stability for the children before the home is eventually sold.
You should also note that even if one spouse owned the property before the marriage, that does not necessarily mean that the entire property will remain separate property after divorce proceedings begin. If marital funds were used to pay the mortgage, renovate the home, or otherwise increase its value during the marriage, at least a portion of the home’s appreciation may ultimately be considered subject to equitable distribution.
Contact a Divorce Lawyer in Galloway Township Today
If you are considering divorce in Galloway Township, it is important to understand your rights, understand your obligations, and understand what options may be available to you before making any major decisions. The Law Office of Stephanie Albrecht-Pedrick, LLC assists individuals and families throughout Galloway Township with divorce and family law matters and works to protect clients’ interests at every stage of the legal process. Contact a skilled Galloway Township divorce lawyer from our firm today.