When spouses decide it is time to get a divorce, they have a whole process to go through. Although getting a divorce is a difficult process, it can be made easier through mediation. This may prove to be less time-consuming, less costly and less emotionally exhausting on a spouse. During this time, spouses will have to talk about their marital issues. Marital issues involve a range of factors that need to be resolved before the spouses go their separate ways. These issues include alimony, child support, child custody arrangements, the division of assets and more. Before a divorce is finalized, these issues need to be resolved. This means that custody arrangements should be decided on to facilitate co-parenting after divorce. Support payments may have to be established for the children and possibly a dependent spouse as well. Their marital assets will need to be split in a just manner. They cannot share items anymore so they must have items that are specifically owned by them now. Marital issues may prove to be a sensitive topic, especially in matters involving the children. However, they must be decided on at this time. Fortunately, they can be modified in the future if a certain arrangement is not working or if new circumstances are affecting an issue.
Who resolves marital issues in court?
When couples have to enter litigation for their divorce issues, a judge will preside over their case. During this case, the judge will make decisions for the couple regarding their marital issues. When making these decisions, the judge will take into consideration all factors that can affect that specific issue. For issues involving children, the judge will put the best interests of the child first. They will always try to decide on an arrangement that best suits the child. When the issue involves the division of assets, judges will use equitable distribution to divide the assets between spouses. Equitable distribution is a concept that refers to a fair and just division of assets. However, this does not meant the distribution will be split evenly. These cases can involve a lot of consideration on the judge’s part since they will need to take into account all factors that can affect a marital issue. They can hear cases that need a modification to marital issues as well.
If you require strong legal representation for matters related to divorce or family law, Haber Silver & Simpson is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.