The Things “Not to Do” for Effective Divorce Preparation in New Jersey

Posted February 13, 2024

  • The Things “Not to Do” for Effective Divorce Preparation in New Jersey

Embarking on the journey of divorce is a challenging process, and being well-prepared is crucial for a smoother transition. In the state of New Jersey, understanding the do’s and don’ts when preparing for divorce is key to ensuring a fair and equitable resolution. This is Part II of a two-part series about how to prepare yourself if contemplating a divorce in New Jersey. Part I discussed The Things to “Do” for Effective Divorce Preparation in New Jersey. In this blog post, we explore valuable insights of what “not to do” for individuals navigating divorce in the Garden State.

Don’t: Attempt to conceal or undervalue assets. New Jersey Courts are stringent about full and accurate financial disclosures during divorce proceedings. In each case, both parties will be required to complete a Case Information Statement, outlining all assets and liabilities. Hiding assets can lead to legal consequences and negatively impact the final settlement or outcome at trial.

Don’t: Make significant financial decisions without consulting your attorney. This includes selling property, transferring assets, or making large purchases. Seek legal advice to understand the potential consequences. Under no circumstances should you dissipate, distribute, or encumber property without the express consent of the other party or a Court Order.

Don’t: Overlook the emotional aspects of divorce. It’s essential to prioritize your mental health during this challenging time. Seek support from friends, family, or a therapist/counselor to help navigate the emotional complexities.

Don’t: Allow the emotional strain of the divorce to negatively impact your children. Keep their well-being at the forefront, fostering a positive co-parenting relationship with your soon-to-be ex-spouse and minimizing any potential conflicts. In New Jersey, parents are required to follow the Children’s Bill of Rights which seeks to keep children out of the litigation and foster a loving relationship between the children and both parents.

Don’t: Engage in destructive behaviors, such as stalking, harassment, or spreading false information. Such actions can have legal consequences and complicate the divorce process. Specifically, a party who is subjected to certain criminal behavior can seek a Temporary Restraining Order which could impact living arrangements, parenting time, and many other issues. Furthermore, in New Jersey, if a party engages in a predicate act of domestic violence, and the victim is in need of an Order to protect him or her from future acts of domestic violence, the Court could issue a Final Restraining Order which has a strong and lasting impact.

Don’t: Disregard legal deadlines or fail to respond to court documents. Timely compliance is essential in divorce proceedings to avoid negative repercussions and ensure your rights are protected. Court Orders, including discovery deadlines, should always be followed. Willful noncompliance with a Court Order could result in sanctions or an award of counsel fees to your spouse.

Don’t: Rush into settlement agreements without fully understanding the implications. Consult with your attorney to ensure that any proposed settlements align with your best interests and long-term goals. While many individuals wish to resolve their case as soon as possible, reaching a fair and equitable resolution should be the paramount concern.

Because divorce can be a complex and emotional process, it is important that you prepare yourself as much as possible. Therefore, please contact me if you have any questions or if you need help.

About the Author

Brian Budic is Co-Chair of the firm’s Divorce and Family Law Practice Group He has extensive experience representing clients in all aspects of family law in New Jersey, including complex issues of divorce, equitable distribution, child custody, parenting time, child support, alimony, domestic violence, and prenuptial agreements. Brian knows the stress and emotional toll that his family law clients experience before, during, and after the divorce process. As a result, he treats every client with the empathy, responsiveness, and respect that they deserve.

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