New Jersey divorce: Some can't be settled out of court | Lane & Lane, LLC
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New Jersey divorce: Some can't be settled out of court

Divorce is rarely a simple or uncomplicated issue. Some New Jersey residents are able to settle their divorce without any bitterness or drawn-out court battles, but for many this is simply not possible. Whether it is due to bitter feelings or high emotions, sometimes a divorce can be appealed all the way up to a state Supreme Court. Such is the case for a wealthy couple who divorced and could not agree on issues of child support and custody.

Now their divorce rests in the hands of the state's Supreme Court. Problems between the couple surfaced after the woman expressed an interest in moving to another state to find better care for their daughter who has Down Syndrome. Her husband refused to move and eventually filed for divorce.

At the first trial, the wife requested over $25,000 a month in child support. However, the court awarded her less than $3,000 per month. The man's lawyer stated that because his client footed the bill for the majority of the girl's medical care and required treatments, the child support amount is actually closer to $14,000 per month. In addition to the child support awarded, the couple was also given joint custody.

However, the woman appealed that custody ruling and claimed that her husband was mostly absent. She stated joint custody would disrupt their daughter's stability and also interrupt their young son's breast-feeding schedule. Both parents called expert testimony about child custody, but the court sided with the husband's witness and allowed joint custody.

Now the mother is appealing the verdict and hopes that the Supreme Court will step in to hear the case. While most New Jersey couples won't have to go through this much legal wrangling, those planning to separate should begin to make preparations, especially if the divorce threatens to become acrimonious. Knowing one's legal rights can help ensure that couples receive what they are entitled to under the law during a divorce proceeding.

Source: keloland.com, "Couple's Divorce Goes Before Supreme Court," Brady Mallory, Oct. 2, 2012

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