You perhaps didn't expect to be among those in New Jersey who are filing for divorce this year. Maybe you were hoping that you and your spouse would be able to work things out. If you're reading this blog, it's likely because you've either already filed for divorce, are considering doing so, or your spouse has informed you that it's what he or she wants. Divorce is emotionally challenging for most people, especially those who have children.
It's also often particularly upsetting for spouses who have been married a long time. Whether your relationship withered over time or a specific event occurred that you determined was irreparable, your highest priority right now is to achieve a settlement that protects your assets and your children's best interests. If you suspect that your spouse isn't going to play fair in court, you'll want to know how to aggressively litigate any issue that places your assets or family well-being at risk.
Property division proceedings can be stressful
While you have no desire to squabble over every little penny or to make property division proceedings an I-win-or-you-win situation, you also don't want to lose out on assets to which you're entitled if your spouse tries to keep them from you.
Hiding assets in divorce is illegal, and the court is not likely to look with favor on someone who is trying to beat the system. If you suspect your spouse is stashing cash or hiding assets in luxury purchases, tax overpayment or by other means, such issues may warrant aggressive litigation.
Child custody contention
Like all good parents in New Jersey and beyond, you love your kids and want what's best for them. If you believe your spouse is undermining your parent/child relationships, you can protect your rights. The court typically believes children fare best when provided ample time with both parents in divorce.
However, if your spouse refuses to negotiate a fair custody agreement or has threatened to keep your kids from you by not showing up for custody exchange or by taking them out of the state or country, their safety and protection of your parental rights may hinge on swiftly and aggressively litigating the issue in court.
Refusal to adhere to a court order
As parents, you and your spouse do have a say in what you would like the terms of your child custody arrangement to be. Once the court issues an order, however, both parents must adhere, at all times, no matter what. If your ex is supposed to pay child support and you're not receiving payments, it warrants immediate legal action.
If you're often at the agreed-upon place and time to transfer custody to your co-parent and he or she is always hours late or never shows up, you can address the matter in court. Many New Jersey parents run into trouble when their exes try to alienate their children from them. This can have lasting, negative effects on children's emotional and mental well-being. You can aggressively litigate such issues to protect your rights and your children's best interests.