Learn about the top 4 complicated divorce issues that can arise
A complicated divorce is often a difficult process for everyone involved. The prolonged and meticulous division of assets is compounded by the emotional burden and financial strain on both spouses and their families, creating uncomfortable circumstances that can last for months or even years. Simple decisions suddenly become major ethical questions, and spouses must turn their attention to matters that once did not require a second thought.
During a complicated divorce, your priorities are to keep the process as amicable as possible, to advocate for your needs, and to maintain your emotional and financial health. This can be a challenge, as many complicated divorces are bitter, and the longer that a divorce lasts, the more that expenses and stress can increase. If you find yourself confronted by any of the following monetary or residential issues, bear in mind that you always have options available to manage the complicated odyssey that a divorce can become.
1. Are You Still Living with Your Soon-To-Be Ex-Spouse?
If you can arrange to live with your spouse during the divorce process, you will save money by minimizing household expenses and retain some ability to communicate with your spouse. However, if you feel that you cannot live with your spouse under normal circumstances, you certainly will not be able to live with the person during the divorce process. If cohabitating is likely to heighten emotions and taint the divorce proceedings in any way, it might be best to arrange to live separately. Only you know what you will be able to bear, and you will need to decide whether your financial situation or your emotional well-being is more important.
2. Filing Taxes—Single, Separate, or Joint?
You have two options when filing tax returns during the divorce process: married filing jointly and married filing separately. You will not be able to file as a single person because you are still legally married. You can save money by continuing to file jointly, but you should direct any questions about taxes to your tax specialist, not your New Jersey divorce lawyer, in order to ensure that you make the best choice while respecting the IRS’s guidelines.
3. Is Communication with Your Attorney Costing Extra Money?
Because your New Jersey divorce lawyer will bill by the hour, anything you can do to help your attorney and to save time will also save you money. Use e-mail whenever possible to exchange information and records. Even e-mails and text messages can cost you money, though, so try to minimize contact. Certain actions, such as sending documents, will necessitate communication, but you can maximize your time and budget by making an action plan and sticking to it.
4. Should Your Spouse Pay for Your Expenses?
If you are not employed, but your spouse is, New Jersey law requires your spouse to pay your legal fees. This levels the playing field. If neither spouse has much money or significant assets, a spouse’s family can agree to pay for additional legal work; the other spouse in this case is not entitled to any additional funds.
Emotional and financial hardship do not have to be consequences of a complicated divorce. Attorneys’ fees can put a strain on both spouses’ budgets, and the prospects of continuing to communicate and spend time in person with one’s spouse while a divorce is pending can cause tension. Before you even file for divorce, be sure to consult with our New Jersey divorce lawyer with experience in family law so that you know your rights and options as early as possible. Your attorney can be your greatest ally, so you should feel free to contact us as needed with any questions that might arise.
For immediate answers to your divorce problem, check out our Definitive Guide to Divorce in New Jersey.
Christopher Leon Garibian, Esq. is a partner in the matrimonial and family law department of Weiner Law Group LLP. He has over 19 years of experience handling a multitude of Divorce and Family Law Matters throughout New Jersey. He is passionate about family law and takes pride in his ability to effectuate real change in the lives of his clients. He is certified by the State Supreme Court of New Jersey as a Matrimonial Attorney. If you are in need of an experienced Divorce Attorney or Family Law Attorney in NJ, contact us today for compassionate, long lasting legal solutions.