How is a business divided?
A business is a complex asset that may require the use of an expert to determine its value and cash flow. Every case is fact-sensitive and every business is different. We can help.
How is my business going to get valued?
A business is typically valued by reviewing the business’s finances, including assets and debts. Often it is necessary to retain the services of a forensic expert.
I have a cash business where not everything is declared. What will happen?
We strongly suggest that you speak with an attorney as well as an accountant.
How are my retirement accounts going to be divided?
Typically the marital portion, which is defined as the asset accumulation from the date of marriage through the date of Complaint for Divorce, is divided equally. This is not always the case and several factors may impact how a retirement account is divided.
How are bonuses, equity, and other forms of compensation treated?
The answer to this question is fact-sensitive. Both the nature and frequency of bonuses, equity, and other forms of compensation are significant determining factors that affect distribution.
What happens to my house?
If your matter proceeds to trial, the Court will order the house to be sold. Often, people wish to try and purchase their husband’s or wife’s equity in the home. This is often referred to as a “buyout.” However, if a house was purchased before the marriage or inherited, this may impact whether or not the home is subject to be divided.
What happens to the stuff in my house?
Personal property is typically divided between the parties equally. However, gifts to either party are often excluded from division.
Where will my children live?
Nobody knows your children better than you do. We usually advise trying to resolve custody amicably to avoid having a Judge make that decision for you. It isn’t always possible, however, and there are times that a custody expert is necessary.
How often will I see my kids?
Every family is different. The ability of each parent to be available and parent their children is a key factor. Over the years, the laws have changed to recognize that children need both parents equally.
How are decisions made for the kids?
Decision-making is part of “legal custody.” Typically parents share legal custody, and therefore share decision-making.
What if one parent wants to relocate out of state?
If a parent wishes to relocate out of state with the children, they must either have the consent of the other party or be granted the right to relocate by the Court.
Who pays child support, how is it calculated, and for how long is it paid?
Child Support is typically calculated using the New Jersey Child Support Guidelines. There are a few exceptions, however. Two such examples would be if the combined income of the parties exceeds the maximum income permitted by the guidelines or if an unemancipated child is attending and living at college.
Will I have to pay for college?
You may. This is a very fact-sensitive question that requires an in-depth analysis.
Alimony & Spousal Support
How is alimony determined?
There is no hard and fast rule for determining the duration or amount of alimony; NJSA 2A:34-23 sets forth the numerous factors that are taken into consideration when the Court makes an alimony determination.
What if I become disabled or lose my job?
If you have suffered a permanent change in circumstance, you may be able to reduce or eliminate your support obligation.
What is a restraining order?
Nothing is more important than your safety and wellbeing. If you or you and your children need protection from an abusive spouse or partner, a restraining order may provide the protection you need.