Deciding to end a marriage is never easy, and the legal process that follows can feel daunting if you don’t know where to start. Finalizing a divorce in New Jersey involves a number of financial and personal considerations that become much easier to navigate when you’ve taken the time to adequately prepare ahead of time. 

The following checklist covers seven practical steps you can take right now to protect yourself before the divorce process officially begins, so read on for the information you need to know.

1. Consult With a Family Law Attorney

Before you take any other steps, sit down with a New Jersey family law attorney for a free case evaluation. An attorney in this area of the law can help you understand how the law applies to your specific situation. 

For instance, New Jersey is an equitable distribution state, which means marital property isn’t split 50/50 automatically. Instead, the court considers a range of factors under N.J.S.A. 2A:34-23.1 to determine what’s fair. This is one area where you can receive some helpful insight in advance. 

A divorce lawyer can also explain how issues like alimony, child custody, and child support are likely to play out based on your circumstances. Having that knowledge early helps you make better decisions throughout the process rather than reacting to things as they come up.

2. Gather Your Financial Records

Divorce in New Jersey involves a thorough examination of both spouses’ finances. You’ll eventually need to file a Case Information Statement (CIS), which is one of the most important documents in any New Jersey divorce. Getting your financial records together now saves time and stress later.

Start pulling together the following:

• Recent tax returns (at least the last three years)
• Pay stubs and proof of income for both you and your spouse
• Bank statements for all of your accounts
• Retirement account statements, such as 401(k)s
• Mortgage documents and property deeds
• Credit card statements and records of outstanding debts
• Business ownership documents, if applicable

If you’re concerned that your spouse might try to hide assets or move money around, having copies of these records in a safe place gives you a baseline to work from.

3. Establish Your Own Financial Identity

If you and your spouse share most of your financial accounts, it’s important to start building some financial independence before the divorce moves forward. Open an individual bank account in your name if you don’t already have one, and make sure you have at least one credit card that’s solely yours.

This isn’t about draining joint accounts or making large purchases behind your spouse’s back. Courts in New Jersey frown on that kind of behavior, and it could hurt you later in the proceedings. The goal is to make sure you have access to funds for basic living expenses and legal fees as the process unfolds.

4. Take Stock of Marital and Separate Property

New Jersey courts only divide marital property in a divorce. Separate property, which generally includes assets you owned before the marriage, inheritances received by one spouse, and gifts made specifically to one spouse, is typically not subject to property division.

Identifying which assets fall into which categories now can save significant time and avoid conflicts later. Keep in mind, however, that the lines can be blurred. For example, if you owned a home before the marriage but used marital funds to pay the mortgage or make improvements, part of that home’s value may be considered marital property. 

5. Think About Custody and Parenting Arrangements

If you have children, custody will be one of the most important issues in your divorce. New Jersey courts make custody decisions based on the best interests of the child, considering factors like each parent’s relationship with the child, the stability of each home environment, and more.

Before filing, start thinking about what kind of arrangement would work best for your family. Going into the process with a realistic proposal rather than a vague idea puts you in a much better position during negotiations.

6. Document Everything

Good record-keeping matters in a divorce. This means saving any communications with your spouse that might be relevant and keeping a journal of important events and interactions, among other similar steps.

Be careful about what you put in writing yourself, though. Assume that anything you write, no matter the context, could eventually end up in front of a judge. 

7. Build Your Support System

Divorce is emotionally draining, and trying to handle everything on your own makes it harder than it needs to be. It can help to surround yourself with people you trust who can support you during this difficult time. 

A therapist can be particularly helpful during this time as well. They can give you a space to process your emotions without dragging those feelings into legal negotiations where they might cloud your judgment. 

Contact a Monmouth County Divorce Attorney at The Law Office of Jennifer J. McCaskill, LLC to Schedule a Free Consultation

Preparing for a divorce takes time, but the effort you put in now can make the entire process smoother and less stressful. If you’re considering a divorce in New Jersey, reaching out to a family law attorney is the single best thing you can do to protect your rights and interests. Call now at (732) 747-1882 to speak with a Monmouth County divorce lawyer at The Law Office of Jennifer J. McCaskill, LLC, today to get started with a free case evaluation.