HOW IS IT DETERMINED WHO GETS WHAT AFTER A DIVORCE?

Woman putting her hand up to a man in bed

If you are planning to get divorced, you may want to know who will get what after all is said and done. In the state of New Jersey, something known as equitable distribution occurs. It is especially easier with the help of an NJ divorce attorney. Most divorcing couples will receive their fair share of the property in the event of a divorce. But that does not mean that both parties will have their assets split down the middle. Different circumstances and factors play a significant role in the decisions made by the judge when separating the property between both individuals. DeZao Law explains things in detail to help you better understand what happens during divorce proceedings in New Jersey.

Fairly Dividing Property 

While you may have concerns that you will get nothing out of the divorce while your former partner gets everything that he or she wants, this is not true. When you are getting divorced in New Jersey, equitable distribution is a must. The very first thing you need to do when you plan to get a divorce is to hire a divorce attorney in NJ. The divorce attorney can explain this type of separation of property to you in detail. They will make sure you have a clear comprehension of it before moving forward with the divorce proceedings. They designed the system in the state of New Jersey to make things fair for all parties. Anything earned during the marriage between either partner is split in a way that is considered fair and beneficial to both parties, even if one party disagrees with the distribution of said property.

How Do They Make The Decisions?

You may wonder how the judge makes final decisions on the separation of property belonging to married couples. Before the judge makes the final decision, he or she takes several factors into consideration. These factors include:

  • The amount of time a couple’s marriage lasted. If the marriage was long and lasted several decades, the judge may feel both parties have a right to a fair amount of property during the distribution of assets.
  • The amount of money earned by each person in the marriage throughout the entire marriage.
  • The current situation of both individuals now is that they are separated and no longer contributing to one another.
  • The type of agreement created between both parties; such as a prenuptial agreement designed to protect the assets of one person who earns more money than the other person.

The judge will carefully review all this information before coming up with any decisions on the distribution of property. Even if you had signed a prenuptial agreement before the marriage, it is still possible for both parties to receive a fair amount of property. Especially if that property’s accumulation was during the marriage; or gifted to one spouse from the other spouse who earns more. Your NJ divorce attorney will go over the details of what you can possibly get out of the marriage; based on your personal circumstances.

Getting a Divorce? Let DeZao Law Work with You

When you are divorcing your former partner, you need to hire a divorce lawyer in NJ. At DeZao Law, we want to help you accomplish your goals, which may include getting through divorce proceedings without stressing too much or worrying about not getting your fair share of property earned during your marriage. 

We want to explain equitable distribution to you and help you achieve a fair outcome. Call our law office today at (973) 358-6134 or complete our contact form.

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