Helping Spouses with Large Estates

Divorces are complicated and can often be stressful for both people involved. When there are multiple properties or extremely high levels of assets in the marriage, the divorce can also become contentious.

To protect your assets and ensure that you receive everything you deserve from your former marriage, you should speak with a New Jersey high-asset divorce lawyer from Law Offices of Edward R. Weinstein. We can properly advise you of your options and help you find a favorable resolution.

Contact us online or call (732) 246-0909 to schedule a free consultation with our team based in East Brunswick.

Divorce Process in New Jersey

For New Jersey to have jurisdiction over the divorce, at least one of the people in the marriage must have lived in the state for at least 12 months. To start the divorce proceeding, a New Jersey divorce lawyer must file a divorce complaint stating someone’s basis for divorce. After that, the other person gets served with the complaint. Either the other person can voluntarily accept service by acknowledging service in front of a notary, or the individual serving their former spouse can proceed with a private service process.

Fault-Based vs. No-Fault Divorces

In New Jersey, a divorce can be fault-based – meaning that the divorce has been caused by one spouse’s action – but it does not have to be.

There are a few grounds someone can use for a fault-based divorce, such as:

  • Adultery
  • Addiction
  • Imprisonment
  • Extreme cruelty

Often, a person will choose to go through a fault-based divorce because it can impact child custody or support amounts. No-fault divorces occur when a couple has been separated for a minimum of 18 months or when a couple has irreconcilable differences.

Defining Case Information Statements

Each person will need to complete and file Case Information Statements (CIS). It may be necessary for a New Jersey high-asset divorce lawyer to assist the former couple in negotiations. This is especially true if someone inherited money or is unsure about the value of their own property. The CIS will need total financial records that include income, expenses, debts, and assets.

The divorce process can take months or even years depending on how complicated the divorce is. In the meantime, the court can provide each person with pendente lite orders that can provide temporary relief for child custodyspousal support, or child support. This alleviates any financial struggles either person is facing until the divorce is complete and provides some sense of stability to any children involved.

The court will set trial dates to hear each person’s side of the story and decide what legal remedies each person has. The court will reach final decisions regarding property and the divorce. Other orders regarding custody, visitation, or support can be modified post-divorce.

Impact of Any Marital Agreement

There are two general types of marital agreements: A prenuptial agreement and a postnuptial agreement. They are mainly the same, the difference being that one occurs before marriage and one after marriage. However, they both have the same impact on a person.

Whether someone is looking to have the terms of the agreement upheld or have a court rule that it is not binding, they may need a New Jersey high-asset divorce lawyer to show whether it met the legal requirements of a marital agreement.

These types of agreements cannot be involuntary or unconscionable. Any time these agreements are shown in court, they will be questioned by the judge if either party is refusing to adhere to the agreement.

Hiring a Lawyer

A New Jersey high-asset divorce lawyer from Law Offices of Edward R. Weinstein can help you resolve your divorce issues either through negotiation or litigation. When you have a lot at stake – financially and emotionally – you should speak with a lawyer to understand what rights and options you have.

We encourage you to schedule a free consultation with us by contacting our office at (732) 246-0909.