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New Jersey Family Law Myths

On Behalf of | May 23, 2015 | Uncategorized

Myth 1: Only women are entitled to spousal support/alimony. The truth is that both men and women are equally entitled to receive spousal support, if they are the lesser earning spouse and if the circumstances of the marriage call for support.

Myth 2: Women/mothers are always awarded custody of their children, as opposed to men/fathers. The truth is that the Court must consider the best interests of the children when making a custody determination.

Myth 3: If you do not exercise parenting time with your child, you do not have to pay child support. The truth is that parenting time and child support are two separate issues. Children are entitled to support from both parties. Additionally, one parent’s failure to pay child support is not a reason to deny that individual parenting time with the child.

Myth 4: In a divorce, all assets and debts of the parties are split equally (50/50). The truth is that assets and debts are divided in an ‘equitable’ fashion, depending upon the facts and circumstances of the case.

Myth 5: If your spouse cheated on you, you are entitled to receive more by way of equitable distribution and alimony. The truth is that New Jersey is a no-fault divorce State, meaning that infidelity has no bearing on the divorce. Notwithstanding, the Court will consider whether or not marital assets were dissipated to support a paramour.

Myth 6: Most contested divorces are resolved by way of a trial. The truth is that most divorces settle without the need for a trial. Some cases just take longer to reach a settlement.

If you have questions about family law issues, contact the law firm of Winegar, Wilhelm, Glynn & Roemersma to speak with one of our experienced attorneys.

THE FOREGOING IS INTENDED TO BE A GENERAL DISCUSSION OF THE LAW AND IS NOT INTENDED TO BE CONSTRUED AS LEGAL ADVICE. IF YOU HAVE A SPECIFIC QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK WITH AN ATTORNEY.


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