Evesham Township Divorce Lawyers
Evesham Township Family Lawyers Help Clients Move Forward After Divorce in New Jersey
Just as every marriage and couple is unique, every single divorce is unique and presents its own issues and complications. Alimony, spousal support, child support, child custody and equitable division of assets and liabilities are all issues that will need to be resolved before a divorce is finalized, and each issue presents an opportunity for negotiation. Although every divorce presents complications, with high-quality legal representation, the divorce proceedings themselves do not need to be complicated or lengthy.
At Cordry Hartman, LLC, our team of divorce lawyers in Evesham Township are sensitive to the emotional impact of a divorce and fight to ensure that your rights are protected so that you can begin to move forward and focus on the task of recovering emotionally. Although many issues must be resolved before a divorce can be finalized, our attorneys are skilled in presenting alternative solutions that can allow you and your former spouse to reach an agreement more quickly than may be possible without skilled legal assistance. Contact our offices today to speak with experienced New Jersey divorce attorneys in Evesham Township to discuss your case.
Impact of a Prenuptial or Postnuptial Agreement on Your Evesham Township Divorce Proceedings
Prenuptial agreements, also known as premarital agreements, are contracts entered into before two individuals decide to legally marry. Postnuptial agreements, also known as antenuptial or postmarital agreements, are contracts entered into between a married couple after they have married. Both types of agreements typically address what will happen if the couples decide to divorce, and may contain terms governing:
- Alimony and spousal support,
- Awards of specific assets,
- Property division in divorce,
- The parties’ rights to transfer, assign or encumber property during marriage, and
- Choice of law issues.
While prenuptial agreements are more common, two spouses may enter into a postnuptial agreement for a variety of reasons, including situations where the marriage was spontaneous or the parties’ financial positions changed dramatically following the marriage.
Prenuptial and postnuptial agreements are generally enforceable under New Jersey law but may be challenged in certain specific circumstances. For example, the validity of the agreement may be challenged if:
- One party was not provided with full disclosure of the other party’s financial circumstances when the agreement was entered into,
- One party was not provided with full disclosure, and did not waive his or her right to such disclosure beyond what was provided,
- Full disclosure was lacking, and the other party did not actually know, or could not reasonably have known, the full financial situation of the other party,
- One party did not consult with competent legal counsel with respect to the agreement and did not expressly waive his or her right to such counsel.
New Jersey law has changed in recent years so that prenuptial and postnuptial agreements can no longer be challenged on the grounds that they are unconscionable at the time of enforcement (such as where one spouse would not have adequate support if the terms of the agreement were enforced). This new rule only applies to newer agreements though—meaning that the law is not retroactive, so does not cover agreements entered into before it was passed. Contact us today to schedule a free consultation for your divorce.
Evesham Township Divorce Lawyers at Cordry Hartman, LLC Pursue Every Avenue to Secure Clients’ Assets
Cordry Hartman, LLC is a full-service family law firm serving the Evesham Township, New Jersey area. Our team of dedicated divorce lawyers and support staff have the resources and experience necessary to ensure that you receive everything to which you are entitled in a divorce. In a divorce, negotiation, and mediation can be powerful avenues to reaching a favorable agreement, but our attorneys understand that these tactics are not always successful in every case. All of our divorce lawyers are also experienced and successful litigators and are ready to vigorously advocate for your rights in front of a judge, if necessary.
Schedule a Confidential Consultation with an Evesham Township Divorce Lawyer Today
If you are considering divorce, you need the counsel of an experienced Evesham Township divorce lawyer who understands both complexities of the New Jersey family court system and the detailed laws that apply in divorce cases. Our skilled team of divorce lawyers are ready to provide assistance today, so contact us now so we can speak with you regarding your divorce. Your confidentiality is important to us, so schedule a confidential consultation with our attorneys at our office, which is conveniently located at 505 S Lenola Rd Suite 224, Moorestown, NJ 08057.
About Evesham Township, NJ
Evesham Township is located in Burlington County, New Jersey, near Philadelphia, and has a population of 45,538 (as of the 2010 census). The area was originally settled by the Quakers, and is actually named for a town in England with the same name. Evesham Township was originally primarily farmland, but in the 1950s developers began to build on the land and today farmland is scarce in the area. Most residents of Evesham Township are Caucasian, and 57.1 percent of the households in the area consist of a married couple, and 32.8 percent of the households have children under the age of 18 living with them.
Debt is also divided by the courts in a divorce. In some cases, the spouse with the higher income level will be allocated a greater portion of the debt, and in other cases, the spouse who receives the asset that secures the debt will remain responsible for that associated debt (for example, if you are awarded the marital home, the courts may decide it is equitable that you remain responsible for the mortgage payments). The courts can also order that certain marital assets be sold to satisfy the debts. Debt and credit are an important consideration in any divorce, and you should consult with an attorney—especially if you have jointly held credit cards that your spouse could continue after the divorce is final.
A prenuptial agreement is a contract like any other, but it must be in writing—oral agreements will not be brought into the agreement. The agreement contains a schedule of pre-marital assets and liabilities of the parties and must be signed by both parties.