Divorce is one of life’s most challenging transitions, and if you need to navigate the New Jersey legal system on top of the emotional and financial burden, the process can quickly become overwhelming. Here are some of the common pitfalls and misconceptions that New Jersey spouses make during the divorce process, and how you can avoid them.
Going It Alone Without Legal Representation
The divorce process in New Jersey can be difficult to navigate, with numerous procedural requirements and a wide array of legal issues that may be in dispute. Without proper legal guidance, you may misunderstand your rights and responsibilities regarding important issues in your case, such as the division of assets and debts, alimony, and child support; miss critical filing deadlines; fail to document financial claims adequately and/or accurately; and overlook tax implications that could cost thousands after the divorce is finalized. An experienced family law attorney is familiar with the Morris County court, can guide you through the procedural and substantive issues in your case, and support you through your complex and high-conflict divorce matter.
Letting Emotions Drive Decisions
Divorce is inherently emotional, and the combination of grief, anger, and stress can make it difficult to make objective and rational decisions. Common emotional mistakes include taking unreasonable positions with no legal justification, entering into an unfavorable agreement in order to end the process quickly, or making impulsive decisions regardless of possible negative consequences.
A level-headed approach with the assistance of an experienced divorce attorney will allow you to focus on your actual priorities rather than reactive impulses.
Misunderstanding Equitable Distribution
Many people assume that the court will divide all assets in a divorce 50/50, but New Jersey’s equitable distribution law requires a “fair” division based on factors including but not limited to the length of the marriage, each spouse’s income and earning potential, each spouse’s contributions to the marriage, the standard of living during the marriage, and custodial arrangements and responsibilities. If you misunderstand this principle, you may create unrealistic expectations for yourself or miss an opportunity to pursue a greater allocation of assets if appropriate.
Financial Missteps
Common financial errors include failing to gather complete financial records (tax returns and supporting documentation, bank statements, investment accounts, valuations of property, businesses, or other assets), undervaluing debts, overlooking retirement accounts and their tax implications, and neglecting to update beneficiary designations prior to filing for divorce. Organize all documentation early and consider consulting with financial professionals, such as financial advisors and Certified Public Accountants, experienced in divorce matters.
Ignoring Tax Implications
Common tax mistakes include failing to address capital gains tax implications and allocation when selling the marital home, misunderstanding the process of dividing retirement accounts (i.e., preparation of Qualified Domestic Relations Orders), liquidating retirement or investment assets without due consideration of the tax consequences, and overlooking how support obligations impact your tax obligations.
Making Sudden Asset and Spending Changes
If you attempt to protect or transfer marital assets without spousal consent (such as transferring large sums of money, selling property, or closing shared accounts), New Jersey courts may find that such actions constitute impermissible transfers, dissipation, or fraud. These actions can result in sanctions and penalties, such as increased legal costs and counsel fee awards to other parties, the freezing of accounts, judgments/liens on accounts and/or properties, and a negative posture before the Court. Consult with an experienced divorce attorney prior to making any significant changes in your assets or spending activity.
Relying Upon a Vague or Oral Custody and Parenting Time Agreements
Custody agreements that have not been reduced to writing often do not hold up in court, and those agreements that are insufficiently specific leave room for contention and costly disputes. In order to mitigate the possibility of conflict, comprehensive parenting plans should address legal and residential custody, decision-making authority regarding education and healthcare, communication methods, detailed parenting time (formerly called “visitation”) schedules, transportation logistics, and provisions for future modifications.
Social Media Mistakes
In the modern divorce landscape, social media can be used as evidence against you. Posts about new relationships or spending, disparaging comments about the other party, or photos that contradict your assertions, for example, can all be used against you in court. Carefully consider the potential consequences of social media postings or activity during divorce or post-judgment litigation, and consider adopting strict privacy settings to limit your accounts to people you know and trust.
Missing Deadlines
Once the divorce process is initiated in New Jersey, the Court Rules and the Court’s Case Management Orders set forth specific deadlines that, if missed, could result in default judgments, the loss of your right to respond to claims, and the forfeiture of your ability to pursue discovery and present information in support of your case. While you may be able to request an additional opportunity to participate in the process once a deadline is passed, missing deadlines will increase legal costs and prolong the divorce process. If you are unsure of the deadlines in your divorce case, an experienced divorce lawyer can assist you in navigating the procedural requirements and help you to meet those deadlines in order to best prepare your case and protect your rights.
Get Qualified Legal Guidance With the Morris County Divorce Lawyers at Snyder Kenney & Mercado, LLC
Divorce mistakes often stem from emotional stress, unfamiliarity with legal procedures, and pressure to reach a resolution quickly. Avoid these pitfalls by working with an experienced Morris County divorce lawyer at Snyder Kenney & Mercado, LLC. We bring extensive experience navigating the complexities of divorce cases in the local Morris County court system, and we will advocate tirelessly for your rights and financial security. Call our Parsippany, NJ, office at 908-574-3081 or fill out our online form to get in touch with us today.