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Divorcing in January

New Jersey residents who want to start the new year off by seeking a divorce should be aware of certain mistakes to avoid. One of the first such issues that could be a problem is rushing to file.

Individuals should take the time to consider exactly what kind of results they want from their divorce and make strategic decisions to achieve them. Hurriedly filing for a divorce and making decisions based on emotions can have consequences. It can make a divorce start off on a contentious tone, which can result in a combative and expensive procedure.

People should also avoid opening each other's mail to find important financial information that can be used during a divorce. Not only is it illegal, the necessary information can be subpoenaed by an attorney. Individuals can note the financial institution that sent the statement and provide it to their attorney. Records from an accountant are important sources of financial information and can be subpoenaed as well.

In some cases, a period of reflection might result in a decision to try and stay together. A variety of reasons could cause this, including a fear of not being able to afford separate health insurance after being covered by the other spouse's company policy.

There are a variety of divorce legal issues that are likely to arise, and a rush to initiate and then end the process could result in some bad decisions being made. As an example, New Jersey is an equitable distribution state, and thus judges will divide marital assets in a manner that they deem fair. However, this could produce a result that neither party is happy with, and thus they may want to have their respective attorneys attempt to negotiate a settlement agreement instead.

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Newsome O'Donnell, LLC
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Florham Park, NJ 07932

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