Beginning divorce proceedings can be anxiety-inducing and frustrating. People choose to divorce because they struggle to agree or communicate, but a successful divorce relies on communication so that both parties can reach an agreement. Divorce can be complicated, but it doesn’t have to be, especially when you have the help of an experienced attorney. If you’re considering divorce and are worried about the headache it may cause, continue reading. Make sure to contact one of our New Jersey divorce attorneys so that we can assist you throughout your divorce process.

Is litigation necessary in the divorce process?

Divorce proceedings can often become contentious, which is why many people choose to handle their divorce outside of the courtroom. Not every divorce has to be difficult, but this depends on each party’s ability to compromise. If you feel like you and the other party are capable of reaching a compromise, then mediation may be a good alternative to the courtroom.

With the help of a divorce mediator, both parties can have a productive conversation that will ideally result in a compromise that leaves both parties satisfied. Mediation can be a great way to avoid the emotional and financial burden of the litigation process while having your voice heard.

How does the division of assets work in Monmouth County?

People tend to think that the assets are divided equally during a divorce, but this often isn’t the case. New Jersey courts follow equitable distribution when dividing marital assets, which means that assets are divided in what the court sees as a fair and just manner. Because of this, property may be divided equally, but it often isn’t. To determine what is equitable, the court will consider the following factors and more:

  • Duration of the marriage
  • Tax consequences of the potential distribution
  • Age and health of both parties
  • The current value of the property

Are certain assets exempt from distribution?

Exempt properties are generally assets that were acquired before the marriage and therefore can’t be divided. These can include gifts, inheritances, and more. However, determining which assets are marital and which are exempt can be a difficult process. If both parties can’t agree on which assets are marital and which are exempt, then the courts will have to decide. The division of property can be a complicated, emotional process. To navigate this process, call one of our Monmouth County divorce and separation attorneys today.


If you require strong legal representation for matters of divorce and family law in Rumson, Monmouth County, or anywhere in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.