In New Jersey, divorce proceedings provide couples with a legal action to end their marriage completely. The cases require the petitioner to make choices about assets, taxes, and other connections that tie them to their spouse. A south jersey divorce attorney helps these petitioners navigate through the red tape and end their marriage amicably when possible.
Adultery as a Divorce Ground
Any petitioner who chooses to use adultery as their divorce grounds must acquire evidence to substantiate this claim. Typically, the evidence must establish an extramarital affair and not just a friendship. Evidence that could be used can include text messages, recorded phone calls, and video footage. The evidence must show that the nature of the relationship was romantic and that the spouse had intercourse with the individual identified.
The Effects of a Prenuptial Agreement
A prenuptial agreement could make distinctions about the divorce. The terms of the agreement define what assets are accessible to each party. The terms could define additional provisions if adultery is the reason for a divorce. In some cases, the agreement could identify a higher award to the petitioner based on sufficient evidence of infidelity. This could also present the petitioner with child custody based on these provisions.
Who Gets Alimony?
Alimony is awarded according to the earning capacity of each spouse. Typically, these assignments are used to provide support until the spouse can increase their earning capacity. Temporary or lifetime alimony is provided according to the spouse’s need for support.
Marital Property Division
Marital property division is based on an equal split of the assets. In addition to monetary assets and real estate, the couple must split retirement funds and pension plans. They must define an agreement that provides them both with the same portion of these assets. This may also include assets that …Read More →