West Caldwell Family Law Blog

Many businesses operate under partnerships. If one of the partners is getting a divorce, it can negatively impact the other partner's business assets. Especially in equitable distribution states like New Jersey, where property is not always divided 50/50, it is critical that the non-divorcing business partner takes steps to protect his or her rights.

One way to avoid problems is to require partners who will be getting married to sign prenuptial agreements ahead of time to maintain the business as a separately owned property. This requirement can be incorporated into the bylaws of a company. If that step was not taken during business formation, then perhaps postnuptial agreements for partners who are already married may still be an option. Buyout insurance, as well, often enables a nondivorcing business partner to buy out the interests of the divorcing partner.

The New Jersey court typically believes it is best for children to continue to have active, healthy relationships with both parents after divorce. It's tough on kids to get used to their parents living in separate households, however. If shared parenting time is possible, it is often the best option to help children cope and retain a sense of normalcy in their daily lives.

Parents who agree to shared custody plans will want to present themselves as team players for their kids' sake. One of the easiest ways to do this is to abstain from speaking negatively about each other. Children tend to internalize negative comments. Think about it: What happens if a child is told he or she is so much like his or her parent, then the other parent says awful things about that person. The child may think his mother or father feels the same way about him or her.

New Jersey parents who divorce typically face numerous issues regarding future co-parenting plans. In a perfect world, all parents would be willing to cooperate and compromise for their children's sake, making it easy to devise plans in an amicable fashion. In reality, that may not be possible if parents disagree about what is best for their kids. In fact, such disagreements often lead litigation, where parents seek the court's intervention to make child custody decisions.

Most judges believe shared custody is best when it comes to helping children transition from living with both parents to adapting to a post-divorce lifestyle. There are certain circumstances under which a judge may determine that such an arrangement would be a detriment to the children involved. For instance, if one parent shows the court evidence that the other parent has a substance abuse problem, the judge overseeing the case may be prompted to order supervised visitation or to prohibit the parent in question from seeing his or her children unless and until he or she seeks rehabilitation for his or her addiction.

Since the 1990s, an increasing number of married couples in New Jersey and across the country have decided to end their spousal relationships. There are numerous factors cited as reasons for divorce among spouses age 50 and beyond. Such situations often include financial implications and other complex issues that younger spouses do not necessarily experience when they decide to divorce.

Many older spouses say they spent decades being caught up in the day-to-day business of their lives, especially with regard to raising children. Once children are grown and move out on their own, parents may suddenly realize they have nothing left in common with each other. The empty nest syndrome often prompts divorce when spouses determine they are no longer compatible and merely stayed married because they had children at home.