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What is Required When Both Spouses Agree to Get Divorced?

September 29, 2020 | Posted In Family Law

If you and your spouse are ready to end your marriage and are willing to work together to achieve an amicable result, this could significantly reduce the time and stress involved in finalizing your divorce. However, there are still several important considerations involved; and, while it is good that you are both prepared to compromise, you both need to be aware of your legal rights and the limitations that apply to your ability to compromise as well.

5 Important Considerations for Going Through an Amicable Divorce in New Jersey

Here are five essential considerations for spouses in New Jersey who are preparing to go through an amicable divorce:

1. There are Strict Legal Requirements that Apply and You Will Need to Obtain Court Approval

Getting divorced is not as simple as filling out a few forms and moving on with your life. There are strict requirements for obtaining a divorce under New Jersey law, and you will ultimately need a judge to sign off on the terms to which you and your spouse agree. As a result, even if you and your spouse are on good terms, it will still be very important for each of you to rely on the advice of an attorney.

2. Not All of Your Property Will Be on the Table in Your Divorce

While you will need to make compromises during your divorce, not everything will be on the table. For example, under New Jersey law, certain assets qualify as “Exempt Assets” and are not subject to division, examples are assets that are owned prior to the marriage or inherited during the marriage in one spouse's name. When going through your divorce, you will need to make informed decisions based on how New Jersey law applies to your personal, family, and financial circumstances.

3. If You Have Children, You Will Need to Adhere to New Jersey’s “Best Interests” Factors

If you have children, you and your spouse will need to develop a parenting plan that reflects your children’s “best interests.” This is a requirement under New Jersey law, and there is a laundry list of statutory factors that you and your spouse will need to consider.

4. You Have Many Options, Not All of Which are Readily Apparent

From distributing your assets to dividing your parenting time, you have many options when it comes to how you structure the terms of your divorce. As you go through the process, it will be important for you to carefully consider all of these options so that you do not unknowingly leave opportunities on the table.

5. Once You Get Divorced, the Process is Over

Finally, once you get divorced, the terms of your divorce are final, and they are binding on you and your spouse. While seeking a modification is possible in some circumstances, you do not want to overlook issues or make uninformed decisions that leave you with an undesirable or unworkable divorce settlement agreement.

Schedule an Initial Consultation with a New Jersey Divorce Lawyer

Are you and your spouse ready to get divorced? If so, we encourage you to speak with one of our attorneys. To schedule an initial consultation at your convenience, call us at 877-435-6371 or inquire online today.

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Helmer, Conley & Kasselman, P.A.

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Don’t let your rights be jeopardized.