Legal Question in Family Law in New Jersey

Re: Why should spouse receive equal percentage of property division?

Unfortunately for you, marital fault does not play into the distribution of marital assets. Therefore, she is likely going to be entitled to some % of the value of the marital home. However, if there are other assets to be distributed, you may be able to use credits and set-offs so you don't have to sell or buy her out directly. You will need to look at creative solutions. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-795-6700 for a consultation.

Re: Equitable Distribution when spouse leaves

Equitable Distribution does not necessarily mean "equal" or 50/50 distribution. There may be factors which dictate an uneven split. Also, even if she ultimately gets 50%, she may be required to wait to get her money until the children are emancipated or receive payments over a period of time. The bottom line is that there are many ways that this can be worked out or that a Court may determine the division of the property and a careful analysis needs to be made of all factors before a strategy can be made. Keep in mind that this answer is given based on the little bit of information that you have provided. My answer may change based on other factors. And no one can rely on the advice of any attorney who has not been retained. Before you do anything further, you should consult with an attorney. Only then will you be able to rely on the advice. If you want a consultation with me, feel free to call me at 856-546-8010. Because you have been referred through Law Guru, your first one hour consultation will be free. Good luck! Rob Gleaner

Re: Why should spouse receive equal percentage of property division?

Your wife will probably receive half of the value of your joint marital property, with the exclusion of property acquired by gift or inheritance or prior to the marriage. The sale of the house can be delayed until the children reach adulthood. She will be required to pay child support and may be willing to trade part of the child support obligation for a portion of her half of the marital estate. Whether you have to pay alimony to her and how much and how long depends on many factors including whether she remarries or lives with and is supported by another man, but I would expect that her child support obligation might cancel out her entitlement to alimony.

You need specific advice based on a personal consultation with an attorney in order to have really accurate and reliable legal advice on your situation.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com