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5 Important Considerations for Spouses in New Jersey Who are Considering a Divorce After Christmas

December 8, 2023 | Posted In Family Law

If you’re thinking about filing for divorce after Christmas, you aren’t alone. Statistics show that divorce filings traditionally spike in January. This is because many spouses prefer not to deal with the process while trying to enjoy the holidays, and some use the holiday season as a final litmus test to decide if they are truly prepared to move forward.

What You Should Know if You Are Thinking About Filing for Divorce After Christmas

Getting divorced is a major life event. If you are thinking about starting the process in January, there is a lot that you need to know. Learning what you can expect—and preparing in advance—can make the process go much more smoothly, as can working with an experienced New Jersey divorce attorney.

So, what do you need to know if you are considering a divorce in New Jersey after Christmas? Here are five key considerations to get you started:

1. Getting Divorced Inherently Involves Compromise

Regardless of your family and financial circumstances, getting divorced will involve making compromises. Neither spouse gets everything, and New Jersey’s divorce laws are designed to ensure that both spouses are able to maintain their standard of living post-divorce to the fullest extent possible.

For example, when dividing their marital property, divorcing spouses in New Jersey must follow the state’s “equitable distribution” principles. Additionally, alimony awards are appropriate in some (but not all) circumstances. When developing a custody arrangement, divorcing spouses must do so based on what is best for their children. Ultimately, the goal is to reach an amicable resolution that works for both parties.

2. Divorcing Spouses Have Lots of Options for Coming to Terms

When working toward an amicable resolution, divorcing spouses in New Jersey have lots of options available. As long as divorcing spouses are able to work together, they can explore all kinds of creative solutions that address their specific wants and needs. While there are some limitations (such as New Jersey’s requirement to focus on the children’s best interests when addressing child custody), an experienced New Jersey divorce attorney will be able to help you put all viable solutions on the table.

3. It Is Important Not to Overlook Anything During Your Divorce

Overlooking issues during your divorce can lead to unnecessary complications in the future. As a result, it is important to make sure you are being as comprehensive as possible. This applies to all aspects of your divorce—from ensuring that you divide all of your marital property to ensuring that you address specific issues like custody during the holidays during the divorce process. Your attorney can help here as well. At Helmer, Conley & Kasselman, P.A., we have checklists and other tools we use to make sure our clients cover everything before bringing their marriage to an end.

4. Disagreements Are Common, and They Don’t Always (or Often) Lead to Court

Even when divorcing spouses are willing to work together to reach an amicable resolution, they can still have disagreements along the way. In fact, this is extremely common. While many spouses worry that standing up for what they want will land them in court, only a very small percentage of divorces end up in the courtroom. Mediation can be an extremely effective tool, and, in many cases, disagreeing spouses will be able to find a path forward with the help of their respective attorneys.

5. There Are Lots of Ways an Experienced New Jersey Divorce Attorney Can Help

While planning to start the divorce process after the holidays can seem overwhelming, you can rely on your New Jersey divorce attorney to guide you every step of the way. From creating an inventory of your marital assets to deciding how to structure your parenting plan, your attorney will advise and assist you throughout the process. Your attorney will help you make informed decisions, overcome disagreements and craft a comprehensive divorce settlement agreement—and your attorney will help make sure you feel confident in the outcome of the process.

Schedule an Initial Consultation with a New Jersey Divorce Attorney Today

Would you like to know more about what to expect from the divorce process in New Jersey? If so, we invite you to get in touch. We can schedule an appointment at a time that is convenient for you. To speak with a New Jersey divorce attorney at Helmer, Conley & Kasselman, P.A. in confidence, please call 877-435-6371 or request an initial consultation online today.

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