Top Three Divorce Mistakes
Just like you left no stone unturned to find the perfect home, ideal birthing plan and kindest nanny, finding a good Passaic County divorce lawyer is well worth the effort. Law is an art, not a science, so you might find that you’re given different advice from the lawyers you consult – that’s when it’s time to use your intuition and research skills to determine who’s telling you the truth and who’s simply telling you what you want to hear. Research takes time, so if divorce might be in the cards, it’s wise to start consulting with some of the best Wayne matrimonial attorneys right away. Until you’ve retained an attorney, beware of these top three divorce mistakes:
- We Don’t Need Lawyers: If you’re sensing divorce is in your future, there’s a good chance your spouse has already consulted a lawyer, so it’s wise to act right away. You’ll know you’ve waited too long when your spouse presents you with a proposal, insisting that you sign it without getting it reviewed by an attorney. Chances are that your spouse is hoping you agree to accept less than you would be entitled to receive under the law. It may seem counterintuitive, but the best way to avoid a long, bitter and expensive divorce is to be informed and to hire a Passaic County divorce attorney that can help you negotiate an amicable settlement. Even if your spouse has the best of intentions, and you both believe you’re on the same page, when the devil in the details reveals itself, it’s helpful to have support.
- 50/50 Custody Without Child Support: New Jersey, like most states, favors joint custody and encourages both parents to have as strong a relationship as possible with their children after a divorce. In the past, one parent, usually the mother, would have primary custody of the children and the other parent would have “visitation.” New Jersey Courts have moved past these “traditional” arrangements. There are now more options, with 50/50 custody, where the children spend equal time at each parents’ home, becoming increasingly popular. It’s worth considering if your spouse has always been highly involved with the kids, but if your proposed co-parent has been spending 100 hours a week at the office and minimal time assisting with the children, a reality check is in order. Depending on the earnings of each parent, a 50/50 parenting time plan can occasionally result in a waiver of child support. But that is not always the case; and most people mistakenly believe that child support is not due in a 50/50 split.
- Negotiating Directly With Your Spouse If You Have Suffered Domestic Violence or Coercive Control: If you have been the victim of domestic violence and coercive control throughout the marriage, negotiation and mediation without the help of an attorney could be a waste of time and money. Most divorces in Passaic County are settled through attorneys before litigation is even filed or with the assistance of a mediator. That said, the worst mistake you can make is throwing good money after bad once you realize that your spouse won’t accept a reasonable settlement or uses mediation to bully you. If your soon to be ex isn’t willing to offer you anything close to what you deserve, it’s time to hire a knowledgeable Wayne divorce attorney to assist you through the negotiation process and ultimately assert your rights in a court of law if an agreement cannot be negotiated.
Passaic County Divorce Attorney
Maria A. Giammona Law has been providing caring and compassionate representation for family law matters in Passaic County for over twenty years. With our guidance, you’ll be able to avoid these three big mistakes and many more. We’ll patiently look at every aspect of your situation and help you determine the best strategy for your particular family. We invite you to call us at 973-922-1035 to schedule a free consultation.