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What Every Couple in a Long Marriage Should Know About Divorce

Divorcing after a long-term marriage? Discover key legal, financial, and emotional considerations to help you navigate this complex process.

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Divorce can be a tumultuous experience at any stage of life. Still, the landscape becomes particularly complex after a long-term marriage. Did you know that among those aged 65 and older, the divorce rate has nearly tripled since 1990? In 2015, it reached six people per 1,000 married people. This rising trend, often called “gray divorce,” highlights unique challenges distinct to those who’ve been together for decades.

Navigating divorce after a long-term marriage involves understanding specific legal and financial considerations. This is especially true in states like New Jersey, where marital laws can significantly impact the outcome of your divorce proceedings. Let’s explore some factors to consider while we offer insights and advice to help you transition into this new chapter of your life with confidence and clarity.

What Duration of Marriage Is Considered ‘Long’ in New Jersey?

In New Jersey, a marriage is generally considered long-term if it has lasted at least 10 years. This duration is significant in divorce proceedings as it influences alimony and property division decisions. A long-term marriage often establishes a lifestyle and financial pattern courts consider when determining equitable post-divorce arrangements.

Unique Challenges of Long-Term Marriages

Long-term marriages often encompass shared experiences and emotional bonds that can make the divorce process particularly painful. The emotional distance that may develop over time, especially after children leave home, can lead to a realization of different life goals and personal growth trajectories. It’s important to acknowledge the emotional toll of this process and seek support when you need it.

Couples in long-term marriages typically have deeply intertwined lives, with joint property, shared debts, and mutual responsibilities. The complexity of these financial and personal entanglements adds another difficulty in reaching a fair settlement.

Income and Spousal Support

Spousal support helps maintain the marital standard of living for the lower-earning spouse. Courts evaluate factors like the duration of the marriage, each spouse’s income, and earning potential.

Retirement and Social Security

Given the long period of accumulation, dividing retirement plans can be complex. Additionally, depending on various factors, spouses may be eligible for each other’s Social Security benefits.

Insurance Concerns For older couples, figuring out insurance after a divorce is a top priority. It’s important to plan carefully to make sure health and life insurance stay in place, offering peace of mind for the future.

Key Factors in Long-Term Marriage Divorce Proceedings

Property Division in Divorce

Dividing assets accumulated over a long marriage involves assessing joint and individual property. In New Jersey, equitable distribution only sometimes means an equal split, especially when one spouse has contributed more to household duties than financially.

In long-term marriages, shared financial responsibilities often include joint credit cards, mortgages, and lines of credit. Dividing these debts can be straightforward when both parties are co-signers and financially capable of covering their share. However, complications arise when debts are tied to a business owned by one spouse, or income disparities make equitable division challenging.

For instance, if one spouse has used joint credit to finance a business venture, the division of this debt may require careful negotiation. The other spouse might be compensated with a larger share of physical assets, or the business owner may need to refinance debts to ensure a fair split. The ultimate goal is to finalize the divorce without burdening either party with excessive joint debt obligations.

Factors New Jersey Courts Consider in Asset Division

When dividing assets in a divorce, courts assess several factors to ensure a fair and equitable distribution:

Mediation and Settlement Processes

Mediation and settlement processes are among the most effective ways to handle divorce amicably. These methods provide a less adversarial approach to resolving disputes and promote cooperation between both parties.

Here are some of the benefits of mediation:

In New Jersey, couples may also use the Early Settlement Program (ESP) and settlement panels to reach an agreement:

ESP: Couples appear before experienced matrimonial attorneys who recommend a nonbinding settlement.

Settlement Panel: This panel assists in resolving financial issues by reviewing proposals and making recommendations.

These programs facilitate an efficient and fair resolution, often leading to better long-term outcomes for both parties.

Separation and Legal Implications

When going through a separation, be mindful of some legal pitfalls that could complicate your divorce. Here are a few things to keep in mind.

Avoid Parental Kidnapping

To prevent any issues around parental kidnapping if you share minor children, make sure to:

Other Legal Pitfalls to Avoid

1. Follow Court Orders: Ignoring court orders can land you in hot water and lead to consequences you definitely don’t want.

2. Get Legal Representation: Trying to represent yourself can make things messier than they need to be. Having a lawyer in your corner will help you feel more confident and better equipped to navigate your divorce.

3. Protect Financial Assets: Don’t move funds from joint accounts or make changes to shared property without legal advice — it could backfire.

Timing and Process

Knowing what to expect timeline-wise can help you plan your next steps. In New Jersey, divorces typically wrap up within a year, with most cases taking around nine to 10 months.

Impact of Remarriage on Support Payments

Remarrying can change the terms of alimony and child support:

Consider Counseling to Rebuild Your Marriage

Before taking the final steps toward divorce, counseling can be a valuable option to explore. Sometimes, having an unbiased third party help you and your spouse communicate more effectively can bring clarity and even reconciliation. Even if divorce still feels like the right choice, counseling can provide tools for healthier co-parenting and a smoother transition. It’s worth considering if you’re open to working through the challenges together.

Contact the Family Law Attorneys at Smedley Law Group, P.C. in Woodbury, NJ Today

Ending a long-term marriage brings numerous unique challenges and considerations. Legally, there are several issues to navigate, including spousal support and asset division. That’s why it’s so important to work with an attorney who really gets what you’re going through and can guide you through the process. The family law attorneys at Smedley Law Group, P.C. are well-versed in handling these matters and proudly represent clients throughout New Jersey, including in West Deptford, Woodbury Heights, Runnemede, and Westville.

We understand how challenging this time can be for you, which is why we’ll fight hard to protect your interests and those of your loved ones throughout the legal process. Call us at (856) 251-0800 or fill out our confidential contact form to schedule a consultation. Our office is conveniently located at 750 Cooper Street, Woodbury, NJ 08096.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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