Have you come to the realization that divorce is the way forward in your life? If so, now is the time to prepare. Although your life may be a little chaotic, your future self will thank you for the preparations you do now before starting divorce proceedings. But what kind of planning goes into a New Jersey divorce in 2024?
The team at [MFR] Men’s & Fathers’ Rights Divorce Lawyers is deeply committed to finding solutions to the many family law problems our clients face. If you need tailored guidance and answers to your questions, call (201) 880-9770 or reach out online for a consultation.
1. Set and Prioritize Your Goals
Your goals are what drive our representation. The more you know what you want out of your divorce, the better we can serve you. It will also be helpful to know what your spouse may want out of the divorce. In many family law matters, compromise is crucial, divorce included.
Some of the many types of common goals our clients have are:
- Personal financial goals
- Business goals
- Goals for their assets
- Goals related to children.
In every case, our clients share the overriding goal of achieving peace of mind and stability for themselves and their children. We work diligently to make this happen.
2. Inventory Your Assets and Debts
One of the first steps involved in preparing for a divorce is performing an inventory of your assets and debts. This is the first step in assessing your net worth and the net worth of your marriage.
Division of property proceedings will effectively and equitably divide your marital assets according to N.J. Stat. § 2A:34-23.1. However, separate property remains the sole property of its corresponding spouse owner.
While performing your inventory, divide the assets into two groups: separate and marital. Types of separate property include:
- Assets acquired before marrying
- Inherited or gifted assets
- Assets excluded from marital property by way of pre- or post-nuptial agreement.
Separate property may also include assets you have obtained after divorcing. Regardless of how an asset is categorized, it must be made known to the court. Hiding marital assets or debts is unlawful and punishable.
Debts, too, must be divulged in full to the court, whether they are separate or private. The court will equitably divide marital debt as it does marital assets. This may or may not mean a 50/50 split, however.
What is considered marital debt? Marital debt is essentially any debt incurred during the marriage. Regardless of whose name the debt is in, the courts are typically going to divide it equitably between the spouses.
There are certain instances where one spouse selfishly incurs debt for their benefit. In these cases, the courts may factor selfish spending into the division of property.
3. Gather Financial Documents and Records
Proof of assets and debts will largely be found in your financial records and documents, such as:
- Bank account statements
- Financial and investment account statements
- Life insurance account paperwork
- Pension and retirement account information
- Trust account information
- Mortgage account statements
- Credit card statements
- Loan statements.
In other words, you should gather any documents relating to your assets and debts and present them to your attorney. This includes titles to your home, car, and other titled assets. The more thorough your documentation, the better your attorney can serve you.
4. Reassess Your Goals
Your finances have an impact on every goal you set. Once you have inventoried your assets and debts and have gathered financial documents, you should be in a good position to reassess your goals.
Understanding how the court will treat your assets is crucial in your reassessment. Guidance from your divorce attorney will prove vital to your decisions. Questions about childcare, spousal support, and the family home may come up. The experience of your lawyer will guide their answers and representation.
5. Review Your Social Media Accounts
Social media factors heavily into divorce proceedings in New Jersey these days. Spouses’ posts become evidence for or against them. Particularly concerning is that posts from years or decades ago can come back to haunt a spouse.
Depending on your posting history and frequency, it may be a good idea to review every post or photo you have uploaded to social media sites, including:
- X
- Instagram.
If you are unsure whether you should delete a post, consulting with your attorney will be helpful. They’ll know which posts or photos might harm your case.
6. Be Careful with Emails, Texts, and Phone Calls
These private communications can be subpoenaed during a divorce. Many things you write or text can be used against you. As such, guarding your communications and responses to communications is crucial to protect your interests.
One thing that helps you protect yourself when communicating in these matters is to ask yourself whether what you write or text can hurt you in court. If you are unsure, your attorney can help.
No Email or Text Spying Allowed
It may be tempting to spy on your spouse while preparing for your divorce. The information you gather from their emails and texts would likely greatly help you make important decisions. However, you should refrain from spying on your spouse prior to, during, or after a divorce.
New Jersey has enacted various tough laws that address unauthorized access to computers and computer files. For example, N.J. Stat. § 2C:20-25 makes it a crime to tap into your spouse’s emails without their consent and if egregious enough you may be exposed to violating the Federal law for unlawful wiretapping.
Cell Phones
Equally important is to watch your words over the phone. In New Jersey, it is perfectly legal for a person to record conversations they have with you. They are not, however, allowed to record a conversation in which they take no part.
For example, if you are talking to your spouse, your spouse can legally record you. Being mindful of this during phone calls will protect you. Your spouse may not, however, record phone calls she is not a part of. The other participant may, however. If this other participant is sympathetic to your spouse, they may be inclined to get your words on tape.
All of this is to say that divorce can and does involve spying, whether legal or illegal. If a spouse decides to access their spouse’s computer or computer account, they can be held liable criminally and civilly. However, being a one-party consent state, New Jersey sees a lot of spouses engage in unilateral recordings of spouses in preparation for and during divorce but it doesn’t mean the information should be used in a Court of law, and the Courts will want to hear the entire audio or video, not just the parts that make your spouse look bad.
7. Be Mindful of Your GPS Data
GPS data and services are now used in divorce. Most drivers use their cellphones wherever they go, so rich sources of GPS data exist for lawyers to subpoena. As you prepare for your divorce, always remember that your steps might be easily retraced.
GPS data may also be tracked in real time. There are GPS devices that allow you to track the movement of vehicles. However, this type of tracking may be extremely problematic during a divorce. It may constitute unlawful activity and open you up to liability for damages and even maybe a restraining order based on Stalking. For example, placing GPS on a car titled in your spouse’s name and maintained by your spouse may constitute an invasion of privacy and stalking, exposing you to a temporary restraining order.
Serving Bergen County Families in All Family Law Matters
8. Manage Your Expectations
As mentioned, a successful divorce typically involves compromise from both parties. Further, the compromise must be material. How compromises occur in divorces varies widely from case to case. The stories married couples bring are unique and call for tailored legal solutions.
To avoid a long, drawn-out divorce, spouses must realize that not only is their situation unique, but the outcome of their divorce will be unique as well. As such, it is important for couples to avoid strict comparisons between their circumstances and the divorces of others.
9. Learn and Seek Guidance
By seeking legal counsel early on, you greatly improve your position in divorce proceedings. Protecting your interests is the primary concern of our team. We also give you the answers and guidance you need to understand the process and make appropriate decisions.
One of the most important things you can do to learn more about divorce is to ask questions. Our attorneys are delighted to answer all of your questions. Making a list before you attend your first consultation will help ensure all of your concerns are addressed.
Common questions we receive at [MFR] include:
- Who gets the family home?
- How will my business be affected?
- Who can withdraw money from joint accounts?
- Who gets the kids during divorce proceedings?
- Can I get temporary child support during divorce proceedings?
Of course, these are not the only questions you might have, and the answers to the questions above depend exclusively on the specific circumstances of each divorce case.
Start Planning With [MFR] Today
[MFR] will stand with you through this challenging time and fight for your future. Your goals matter to our firm. Our Bergen County divorce lawyers will help you get the peace of mind you deserve.
For a full review of your case and answers to your questions, call (201) 880-9770 or reach out online. Our attorneys are ready to help.
