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Reasonable spousal demands in divorce

| Oct 21, 2016 | Divorce |

Although divorce can be stressful, there are ways that New Jersey couples can successfully work through the process. In order to minimize contentious attitudes, couples should take a fair approach to splitting assets. One of the biggest decisions is often who gets to keep the family home. This will involve considering whether both partners worked and split parenting duties.

As a condition for divorce, some individuals may feel pressured to move out of the family home. If circumstances are especially difficult and kids are involved, one may decide to move out and sell the home after the children have reached the age of maturity. However, it might also be appropriate to require that no other adults live in the home for a period of time out of concern for the emotional needs of the children. After one’s children have grown up, the home could be sold and the proceeds split.

At the end of a marriage, retirement assets could be subject to division. In some cases, one spouse may have contributed more to the retirement accounts. Nevertheless, courts generally rule that such accounts be split. As a divorce is finalized, an order for sharing retirement resources is typically delivered to the administrator of the retirement fund. This allows for the account in question to be split into separate ones for each party.

For many separating couples, divorce mediation presents a positive alternative to litigation. An impartial third party could help spouses reach a fair agreement over interests such as the family home. Each party is still entitled to have separate legal representation throughout the process.

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