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Somerville Family Law Blog

Why a prenuptial agreement might not be upheld during divorce

It might not be all that uncommon for a person in New Jersey or elsewhere to have concerns about the future when facing the end of a marriage. Some may seek to prevent uncertainties and protect the financial rights of them and their spouses by reaching a prenuptial agreement prior to heading to the alter. However, while such an arrangement could prove beneficial in numerous ways, if the proper steps aren't taken, the court may deem the agreement invalid during divorce proceedings.

Many couples may choose to discuss forming a prenuptial agreement prior to getting married, but simply agreeing to terms isn't enough, as the agreement must be set forth in writing to be valid. It must also be properly executed and signed willingly by both parties. In some cases, a prenuptial agreement might be deemed unenforceable if one party didn't have a clear understanding of the terms of the arrangement, or if he or she felt pressured or rushed into signing it.

Child custody: Seeking modifications re a need to relocate

It can be difficult to predict certain changes in life and, in some cases, to prepare for them. A change in circumstances can prompt for a person to move to a different area, and for some, this could be a simple process. However, for parents in New Jersey who have an existing child custody agreement in place, attempting to relocate could be somewhat more challenging.

In some cases, a person may be able to negotiate a change to the current arrangement with the other parent. However, a proposed relocation could also be met with opposition, which could result in a need for a court hearing. Prior to deciding to enter child custody proceedings, each parent may find it beneficial to set aside personal feelings and consider whether the move could be in the best interests of the child.

Making the necessary changes following divorce in New Jersey

For many individuals in New Jersey and elsewhere, change may be considered a part of everyday life. However, while one may be able to predict and form a strategy for certain changes, others may be more difficult to prepare for, such as the end of a marriage. For those who are facing a divorce, seeking advice on what to expect during the process, and the changes that may be necessary could prove essential to moving forward in life.

For those who took on the name of their spouse after marriage, many may wish to revert to their previous last name following divorce. For some, this might prove a vital step to moving on and opening new chapter of life. However, the process may involve more than a simple change of name, as it could also prompt a need to update information on a variety of documents and accounts.

Seeking assistance in protecting a business during divorce

When it comes to the end of a marriage, property division can be a complex process, regardless of the value of assets involved. However, business owners may face additional concerns during divorce, as they may be uncertain how the outcome of the situation will impact the future of the company. Business owners in New Jersey who wish to protect their enterprises throughout divorce may find it beneficial to consult with an experienced attorney for guidance early in the process.

The first step in protecting a business during divorce is to determine whether the company is marital or separate property. A business that is started prior to marriage may retain its separate identity, provided it isn't co-mingled with marital assets in any way. However, should the company increase in value during marriage, the amount of the increase might be considered marital property. In addition, should the other spouse take an active role in the success of the company, he or she may be entitled to a portion thereof during divorce proceedings.

Child custody: Helping the kids cope with divorce

Making the decision to end a marriage can be difficult at best, even if it is the best outcome for all parties involved. For parents in New Jersey, discussing topics such as child custody can be an intimidating prospect, but reaching an agreement centered on the needs of the kids could be essential to safeguarding their future. Since such matters can be stressful for everyone, parents who are going through a divorce might find it helpful to consider the potential benefits of family therapy.

During divorce, parents may generally wish to shield their kids from harm, but they could be uncertain how to do so. A similar process can be difficult on children, and seeking advice from someone with experience in the area could help them open up about any issues they may be experiencing. In addition to seeking help, parents may also find it beneficial to take an active role in the process and provide their kids with the support they need.

Understanding the impact divorce could have on retirement plans

Many individuals in New Jersey and elsewhere consider it essential to plan for certain stages of life. However, while forming a strategy for retirement might mean preparing for certain possible life changes, the end of a marriage might not be a scenario that is given much thought. While this can be an emotional process regardless of age, those who are closing in on retirement may wonder how a divorce will affect them, and how they can safeguard their financial futures.

Although a divorce might not necessarily derail a person's retirement plans entirely, the division of assets will likely have an effect on his or her life. However, there may be certain programs that can help soften the impact, and individuals who have reached a certain age may be able to adjust work-related contributions to their retirement accounts. In some cases, one may have to put off retirement for a year or two, and while this might not be preferable, it could be the best route to take.

Taking care when posting about divorce on social media

When it comes to sharing life experiences with others, many individuals in New Jersey and elsewhere take to social media to post constant updates. However, certain life changes can be fraught with emotion, and posting a statement under similar circumstances could prove detrimental. For those who are going through a divorce, comments made on social media can have consequences, and proceeding with caution when providing updates is generally advisable.

Divorce can be a daunting experience, but rushing to social media outlets to convey one's emotions might not be the best course of action. Negative comments about the other party that are posted through online outlets can be viewed by mutual acquaintances, and the consequences of this action could be disastrous. Although a person may wish to change his or her status as soon as possible, taking the time to ensure that this is done the correct way might be the best decision one can make.

Divorce and the options concerning the family home

Individuals in New Jersey and elsewhere who are going through the end of a marriage may face a variety of difficult decisions, some of which could have a significant impact on their lives. The division of property is a major area of focus for many who wish to safeguard their financial future. Since a substantial portion of a couple's wealth could be tied up in the family home, those facing divorce may find it essential to seek guidance on the available options concerning this asset.

When it comes to the family home, a person may only have a few available options to consider during a divorce. One option is to sell the home and split the proceeds, which could be the best option for everyone involved. However, in some cases, a person may grow attached to the home, or it may hold a certain level of sentimental value. If kids are involved, allowing them to remain in a familiar environment may also hold some appeal.

The silver screen is for entertainment, not advice on divorce

Many movies are founded on real life experience individuals face such as the end of a marriage. When individuals in New Jersey and elsewhere watch films about divorce, they may feel moved by the message involved, or even by an actor's performance. However, the messages depicted on the silver screen shouldn't be used as a guide for those experiencing such issues, as the information within could be misleading or not even applicable to one's specific circumstances.

One thing that might be common among movies about divorce is the placement of blame, as the story might need a spark to ignite the marital issues. However, just because a couple decides to part ways doesn't necessarily mean someone is to blame. In some cases, couples may simply drift apart, and a divorce could lead each party to a healthier situation in time.

Looking toward the future during divorce in New Jersey

For couples who have chosen to take separate paths in life, the end of a relationship can be challenging enough as is. However, some may also feel that one of the most intimidating aspects of divorce is the uncertainty of what happens next. When facing a similar situation, individuals in New Jersey who seek guidance on the necessary steps to take during and after divorce might find the transition to be less stressful than expected.

A similar process will inherently have an impact on a person's finances. However, this may only be temporary, and by addressing these concerns and forming a budget, one might have less difficulty adapting to his or her new situation. During this time, it might also prove beneficial to consider one's current living arrangements and make changes where necessary. If children are a factor, parents could consider speaking to them about the situation early on, as learning of a divorce late in the process could be harmful to them.