When divorces become a reality, a couple can be devastated. All their years together have come down to this. This can be an emotional time in their lives. Now, they have to go through the process of divorce, which is not an easy task. They will have many decisions that need to be considered at this time. If children are involved in the marriage, it may add extra stress to the couple as parents. They may be worried about the effect of the divorce on the children. The divorce process can go two ways. Couples can enter into mediation sessions. This process can be amicable if they work together. They are encouraged to cooperate with one another in order to resolve marital issues before they can move forward with their divorce. In mediation, decisions are made by the couple. The mediator does not make decisions. Instead, they make sure the process is moving along and being productive toward resolving issues.
If a couple were to enter into litigation, the process may be out of their control. A judge will preside over their case and make decisions for them. This gives the judge all the power to decide on their marital issues, leaving the spouses without final control. This can be hard for spouses since they will not be able to control the final outcome.
What qualifies as a marital issue?
Marital issues involve a range of factors that need to be resolved before spouses go their separate ways after a divorce is finalized. These issues include alimony, child support, child custody arrangements, the division of assets and more. Before a divorce is finalized, these issues need to be resolved in mediation or in court. This means that custody arrangements should be decided on to facilitate co-parenting after divorce. Support payments may have to be established for the children and possibly a dependent spouse as well. Their marital assets will need to be split in a just manner. They cannot share items anymore so they must have items that are specifically owned by them now. Marital issues may prove to be a sensitive topic, especially in matters involving the children. However, they must be decided on at this time. Fortunately, they can be modified in the future if a certain arrangement is not working or if new circumstances are affecting an issue.
Our firm proudly represents clients in New Jersey who are faced with matters of family law, criminal defense, business law, real estate law, or estate planning. If you require strong and dedicated representation for any of your legal matters, contact The Law Offices of George J. Mardinly to schedule a consultation.