Legal Issues on Divorcing

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Divorcing does not simply mean that two people are separated physically and that they are free from liabilities they had during marriage. Divorce is a legal matter.

Divorce does not only include signing of documents. The process in divorce differs depending on the type. Divorce in New Jersey and other states have six types: no fault, at fault, summary, uncontested, collaborative, and mediated divorce. These types differ in cost as well as juridical process.

Child custody is the most controversial issue in divorce. Most couples would argue on to whom the children will stay with. While there are couples who agree on this, there are some who bring the issue in court.

Division of properties is another controversial issue. Conjugal properties are subject to be divided when couples break up. The court will decide on the proceeds if the couple does not come up with an agreement.

Along with the assets are the liabilities. If a couple decided to be divorced amid debts, these debts will also be divided. A couple cannot escape their obligations by just legally separating.


Money is another common issue. Unlike properties, the liquidity of money allows couples to easily decide on the proceeds. Bank deposits, trust funds and such are divided upon agreement or the decision of the court. Divorce in New Jersey and other states usually have financial issues, especially now that the economy is just recovering from trough.

If the married couple had ventured in a business before, the said business will also be affected upon separation. The court will decide, again, if the couple does not have an understanding.

Legal problems may arise if the couple will not cooperate. The best thing to do is to prevent further conflicts and settle whatever needs to be settled outside the court. Although miscommunication is one major reason of divorce in New Jersey and other US states, it is very essential to avoid more divorce related troubles.

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