Divorce and family law matters are often misunderstood, leading people to make assumptions based on outdated information, television dramas, or well-meaning advice from friends. These misconceptions can cause unnecessary anxiety and may even lead individuals to make poor decisions about their cases. Separating fact from fiction is important when facing life-changing legal matters that affect your finances, children, and future.
Does the Mother Always Get Custody of the Children?
No, courts do not automatically favor mothers over fathers when making custody decisions. New Jersey law requires judges to consider what serves the best interests of the child, regardless of parental gender. Factors include each parent’s ability to provide stability, the child’s relationship with each parent, the parents’ willingness to cooperate, and the child’s preferences if age-appropriate. Modern custody arrangements often involve shared parenting time, and many fathers receive primary or equal custody.
Will I Lose Everything in a Divorce?
This fear is common but rarely reflects reality. New Jersey follows “equitable distribution” principles, meaning marital property is divided fairly, not necessarily equally. Courts consider marriage length, each spouse’s contributions, earning capacity, and future need; separate property acquired before marriage or through inheritance typically remains with the original owner. Most divorcing individuals retain assets and income, and negotiated settlements often produce more favorable outcomes than letting a judge decide.
Do I Need to Prove My Spouse Did Something Wrong to Get Divorced?
New Jersey is a “no-fault” divorce state, meaning you do not need to prove wrongdoing to end your marriage. Most divorces proceed under the grounds of “irreconcilable differences,” which simply means the marriage has broken down and there is no reasonable prospect of reconciliation. While “fault-based” grounds like adultery or extreme cruelty still exist in New Jersey law, they are rarely necessary or advantageous. Pursuing fault grounds often increases litigation costs and emotional strain without significantly affecting outcomes. The no-fault option allows for a more straightforward dissolution process.
Will My Spouse Get Half of My Inheritance?
Generally, inheritances received by one spouse remain separate property and are not subject to division in divorce. However, complications arise if inherited assets become commingled with marital property. For example, depositing inherited money into a joint bank account or using it to pay household expenses may convert it to marital property. Using inheritance funds to improve the marital home can also create claims by the other spouse. Courts examine how inheritances were handled during the marriage before making distribution decisions.
Does Adultery Automatically Disqualify Someone From Getting Alimony?
While adultery is a factor courts may consider when determining alimony, it does not automatically disqualify someone from receiving spousal support. New Jersey judges weigh numerous factors when deciding alimony, including marriage duration, standard of living during marriage, age and health of both parties, earning capacities, and financial needs. A spouse who committed adultery may still receive alimony if there is a significant income disparity and genuine financial need. However, adultery can influence the amount and duration of support awarded, particularly if marital funds were spent on extramarital affairs.
Will I Have to Pay for My Spouse’s Lawyer Fees?
Sometimes, but not always. New Jersey courts can order one spouse to contribute to the other’s legal fees when there is a significant income disparity and one party cannot afford adequate representation. This provision helps level the playing field and prevents wealthier spouses from using superior financial resources as a litigation weapon. However, fee awards are not automatic. Courts consider each party’s financial circumstances, the reasonableness of positions taken during litigation, and whether either party acted in bad faith. Many cases proceed without fee-shifting arrangements.
Our Knowledgeable Flemington Divorce Lawyers at Tune Law Group, LLC Provide the Clarity Clients Want in Divorce Matters
Do you need more clarification about family law and divorce matters? Contact our Flemington divorce lawyers at Tune Law Group, LLC. For a free consultation, call us today at 908-434-1061 or complete our online form. Located in Whitehouse Station, New Jersey, we proudly serve clients in the surrounding areas.