When you are getting divorced, you can be dealing with a very different person than the person you married. Your ex might have been loving, rational and understanding on the day you said, "I do," but a divorce can bring out the hurtful, vengeful and unpredictable side he or she has.
The simple answer to the question posed in this headline is no. It is not always a good decision to keep the marital home after divorce.
Dont forget to get a new Will, Power of Attorney (POA) and Advance Medical Directive during your divorce process or immediately thereafter. Although the NJ divorce process might automatically revoke certain important legal documents such as an Advance Medical Directive under NJSA 26:2H-53, you still need to identify new individuals to carry out your important intentions. It is also the case that a Power of Attorney is not automatically revoked in the State of New Jersey by virtue of a divorce case. Imagine a situation where you become incapacitated and your ex-spouse is in control of your financial affairs. This sounds crazy or unlikely but it could happen unless a new Power of Attorney is prepared.
In the practice of matrimonial and family law, commitment to the Bounds of Advocacy distinguishes a Fellow of the American Academy of Matrimonial Lawyers from other practitioners to successfully counteract the "divorce rage" phenomenon. The Bounds of Advocacy represent standards of professional conduct a step above the traditional Rules of Professional Conduct adopted by the American Bar Association and most state bar associations. The Bounds of Advocacy are specifically designed to address the unique challenges indigenous to family law matters to most effectively represent the client.
In times of divorce, people walk into our family law office with questions of whether or not we believe their Property Settlement Agreement or Marital Settlement Agreement is fair and equitable, unfortunately after they have already signed the document and it has become a legally binding document enforceable by the Court. As a general rule, do not sign a settlement proposal such as a Property Settlement Agreement or a Marital Settlement Agreement until you have had the opportunity to review it with an experienced matrimonial attorney. In addition, after the settlement proposal is signed, it is very difficult and often impossible, to undo any damage that leaves you in an unfair position regarding, for instance, payment of alimony, child support or your share of assets from the marriage.
In NJ Family Law matters, who gets to choose the preschool when parents are separated or divorced is often an issue. Your child is able to enroll for preschool virtually anywhere. Many parents argue over the choice of which preschool and its location. Additionally, the cost of preschool can be an issue, especially when one parent has a much higher income than the other. You might want your child to attend a religious preschool and the other parent does not agree. Your vision of what is best for your child might be contrary to that of the other parent.
During a divorce, alimony, also referred to as spousal support, is the exchange of money between former spouses when, at the end of a fairly long marriage, there is a substantial difference in the parties' actual income or income earning ability. The federal tax code permits the person paying a spousal support to deduct the payment from their federal tax obligation and further requires the recipient to report alimony as income, no different than a paycheck from a job. Section 71 of the Internal Revenue Code (IRC) has certain technical requirements for purposes of deducting and declaring alimony upon tax returns. Among these is the requirement that there be a written document between the parties memorializing the alimony obligation.