Using the Holidays as a Litmus Test for Divorce

For men who are considering divorce, the holidays can provide an opportunity to begin thinking about many of the issues that will come up during the divorce process.

From how you manage your finances to how you envision spending future holidays with your children, remember this holiday season so you can begin working through these types of issues that can help you prepare to secure the legal rights you need and desire for the future.

4 Key Considerations for Men Contemplating Divorce During the Holidays

1. Your Desires as a Father

While the determination of custody and parenting time requires you to focus on what is in your children’s best interests, your desires as a father are relevant as well. Do you want primary custody? Or, does it make more sense to give up primary custody and seek parenting time on holidays and weekends?

In New Jersey, the law does not inherently favor either parent, so you and your spouse are on a level playing field. Additionally, New Jersey allows divorcing parents to come up with creative scheduling solutions, so you can think about alternatives that might achieve your goals while also satisfying your spouse’s goals as well.

2. Co-Parenting vs. Traditional Custody vs. Parallel Parenting

How well did you and your spouse get along during this holiday seasons preparations and festivities? Were you able to set your differences aside in front of (and for the sake of) your children? Or, did the strain from your marital discord carry over into everything you do?

If you are still on good terms but have agreed it is time to separate, you may be a good candidate for co-parenting. If not, a more-traditional custody arrangement may be a better option; and, if you and your spouse simply cannot get along, you may need to consider parallel parenting.

3. Child Support and Spousal Support

When you get divorced, you will need to continue to provide financial support for your children, and you may find yourself writing a monthly alimony check as well. Given that the holidays are a time when most people spend more than usual, how did your personal finances hold up during the holiday season?

While child support calculations are subject to a statutory formula and alimony is often a matter of negotiation, understanding your own financial needs will allow you to make more-informed decisions with regard to the financial aspects of your divorce.

4. The Assets that Matter Most

The holidays are also a good time to think about the assets that matter most. Unless you and your spouse signed a comprehensive prenuptial agreement, you will be forced to give up a share of your marital assets in your divorce. Under New Jersey’s law of equitable distribution, most assets acquired during a marriage must be divided “fairly” (though not necessarily equally) as part of the divorce process.

So, which assets are you willing to fight for? Do you want to stay in your house? Do you own certain items that have acquired sentimental value? Which assets is your spouse most likely to want to keep? These are all important questions that will help determine the best approach to the equitable distribution of your marital assets during your divorce.

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Speak with Hackensack Divorce and Men’s Rights Attorney Carrie S. Schultz

If you are thinking about divorce this holiday season and would like more information about the steps you should be taking to prepare, we encourage you to contact us for a confidential initial consultation. To speak with Hackensack divorce and men’s rights attorney Carrie S. Schultz, please call 201-340-5174 or tell us how to reach you online today.