One of the hardest times in a person’s life is when they are dealing with the process of going through a divorce. You or your partner may want to get a divorce, but you may not know how to get the ball rolling. No two divorces are alike, so you first need to determine whether it is agreed or not. That makes a huge difference in the type of paperwork that needs to be filed and what needs to be done. The following are things you will need to consider:
Filing the forms
The first step is to meet with a divorce attorney in Toms River NJ that you trust. If both parties are in agreement, the same attorney can be used, or the other party may want to get their own attorney. The filing fee will typically be due up front, and the attorney will get the forms prepared for you to sign. Once they are signed there is not much to do until you are notified of a hearing.
Dividing Assets
All the property that you and your spouse currently have is defined as community property or owned by both of you. This can make splitting the property you own hard. If you have separate property, you must provide evidence that supports that the property is solely yours. Other than this your property is to be split equally with a fifty-fifty split.
Custody
If you have kids, after the divorce has been filed you need to figure out who will be keeping them. This can be determined by the parents, but if the parents cannot agree on who will get the child, the court can designate the parent they believe is the best fit parent. After the parent receives the child, the courts will decide on child support. Other details can be worked out by the couple, such as the last name and whether the other partner gets to keep the insurance. Talk to an expert today at Straffi Law to learn more.