The holidays are stressful for almost anyone, but they can particularly take an emotional toll on those who are separated or divorced.  In last week's blog, I provided some tips to help ease the holiday stress for divorced or separated individuals. 

The holidays are stressful enough, but if you add a divorce or separation into the mix, it can become pure chaos. Between my clerkship and private practice, this upcoming holiday season will be my tenth year experiencing the inevitable turmoil and tribulation these “festivities” impose upon individuals and the congested Court system. In light of my experience, I will relay three key pieces of advice I believe are important to consider in striving for a smooth holiday season.

On February 1, 2017, the State enacted N.J.S.A.

In New Jersey, spouses are not required to live separately prior to filing for divorce or during the divorce process. The Complaint for Divorce can be filed based on irreconcilable differences, meaning that the parties have been incompatible for six months prior to the filing and have no reasonable prospect of reconciliation. Notwithstanding, it can certainly be difficult for spouses to live together while going through a divorce. A few of the issues that should be considered prior to remaining in the same home during divorce proceedings will be discussed here.

Child custody is often the most difficult part of any divorce proceeding.  There are many different ways custody of children can be split between their parents.  Every single case is different and the parties should reach an agreement that works best for their situation.

Let’s face it – we all want to look like we have it together and can perfectly manage our lives. However, the reality is that we all have strengths and weaknesses. No matter how hard we try to hide them, eventually our not-so-lovely behaviors rear their ugly heads. Other than very close friends, our spouses or partners are probably the ones with the most knowledge and experience with those behaviors. And, while the relationship is running smoothly, that is not an issue.

Parenting is one of the most important issues to settle during a divorce. It can also be one of the most difficult. Parents often have conflicting ideas about how to raise children and these differences become even more obvious when the marriage ends. There are several options for parenting agreements that can be effective and allow the children to have a stable, healthy environment to grow up in.

During a divorce proceeding, marital assets are divided between the two parties. New Jersey law states that all property acquired during a marriage is marital property regardless of how it is titled. The courts also follow a policy of equitable distribution of those assets.

Divorce can be a difficult time for both parents and children; the upheaval and sense of instability that children may experience can be particularly challenging. While children often benefit from being able to spend plenty of time with both parents, going back and forth between their homes can take its toll. Even worse, neither of those homes may be familiar to them.