Divorce Myths

1. MYTH: I need to get my spouse's permission to get a divorce. FALSE. It is completely possible to obtain a divorce in New Jersey when only one spouse wants to end the marriage and if the other spouse refuses to participate in the divorce.

2. MYTH: Only women are entitled to alimony. FALSE. Men and women are equally entitled to receive alimony from a higher earning spouse.

3. MYTH: Women are always awarded custody of the children. FALSE. The court determines custody based upon the best interests of the child.

4. MYTH: The court looks more favorably upon the plaintiff versus the defendant. FALSE. The court does not distinguish between plaintiff and defendant. The designation of plaintiff and defendant are merely used to identify the parties.

5. MYTH: The Division of Youth and Family Services (DYFS) is involved in all domestic violence matters. FALSE. DYFS' sole role is to protect the welfare of children.

6. MYTH: Infidelity will impact equitable distribution or alimony issues. FALSE. The court will not consider fault in determining the amount of alimony one receives nor their portion of equitable distribution unless one spouse took marital money to financially support the affair and/or a paramour.

7. MYTH: "I don't see my kids so I don't have to pay child support". FALSE. Children require support regardless of one's amount of parenting time.

8. MYTH: I can be legally separated in New Jersey. FALSE. New Jersey does not recognize legal separation and instead has a cause of action for divorce from bed and board.

9. MYTH: Assets in a divorce are automatically divided 50 percent/50 percent. FALSE. In New Jersey the legal standard for property division is "fair and equitable," not "equal." Property distribution may be in the vicinity of 50/50, but it is not required as long it is "fair and equitable" under the circumstances.

10. MYTH: All assets in my name are forever mine. FALSE. Assets and liabilities acquired throughout the marriage are subject to equitable distribution regardless of whose name is on the asset.

Contact Our Essex County, New Jersey, Family Lawyers

Contact Cipriano Law Offices, P.C., at 973-852-3346 to discuss your situation.