From time to time, a potential client asks us this question during their consultation: “What if I don’t agree to a divorce?” If they are a little more obstinate, they may instead say, “Well, I won’t agree to a divorce.”
*NOTE: Since the publication of this blog, Jenni's 14-paragraph letter on her website was removed (thank goodness). As a result, the links provided in this blog may no longer be accessible or relevant. Even so, our opinions provided within this blog have not changed.
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.
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.