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Protecting Your Legal Rights

One of the main concerns that people have when they are filing for a divorce in New Jersey is that their legal rights are protected. While divorce can be a difficult time with many issues that have to be sorted out, both spouses have rights under the law. There are many things that must be handled in a divorce proceeding such as asset allocation, property division, custody of children, child support, alimony, and visitation to name a few that were part of the marriage that might need to be considered as a result of the divorce. Each side has rights and if everyone is straight with one another and does not try to infringe on the legal rights of the other side, the divorce can be handled as quickly and painlessly as possible even if there are contentious issues between the spouses. In order to protect the legal rights of yourself and the spouse from whom you are getting a divorce, there are important points that must be remembered when the decision to divorce is made.

How To Protect Legal Rights In A New Jersey Divorce

When you are in the midst of a divorce, there are numerous foundational rules you should follow to ensure that you and your soon-to-be former spouse's rights are protected. While breaking some of these rules might be briefly tempting as a way to get back at your spouse for the heartbreak and pain associated with a divorce, it will be a mistake in the long run because it can also hurt you, your children, and your reputation.

piggy bank with pile of money

Do not hide, dispose of, ruin or give away any piece of property that could be deemed to be part of the marriage. Marital property can be anything that was acquired after the couple was married except for gifts and inheritances, so destroying something that you feel is yours to destroy is a mistake. The only way in which this is possible is if the spouse consents to it or it is agreed to in court.

Spouses have a right to see their children even during a divorce. Do not move children away from the court's jurisdiction. This can have a devastating influence on any attempt to gain custody of the children because it will show that you cannot be trusted with the children or to give the spouse a reasonable opportunity to see them. While the divorce is going on and after it is completed, it must be agreed to legally where the children will be located, who has custody, how much time the non-custodial parent will get to spend with the children and when the visitation will occur. After the divorce, it is possible to move the children to another state, but that too must be agreed to legally to provide the non-custodial parent an opportunity to have parental time with the children.

family fighting

This ties into not hiding the children. Keeping the children away from the other parent will not only cause problems in the relationship, but it can have legal ramifications as well. Unless there are legitimate reasons to keep the children away such as abuse, it will only serve to cause more acrimony in the divorce proceedings if the children are not allowed to spend time with the non-custodial parent. In fact, if the non-custodial parent is not given access to the children, it is possible that he or she might cease paying child support as retaliation, escalating the dispute further.

Do not use credit cards or money in bank accounts that belong to the other spouse. When there are joint accounts in a divorce, they must be split legally. If one spouse thinks that running up credit card bills on a joint credit card or by using credit cards, home equity or other avenues to acquire goods is a way to get revenge for the divorce and what precipitated it, it is a mistake. Joint credit cards are the responsibility of both parties. An individual's credit card misused could lead to other legal difficulties and cause the spouse who committed the act to fall into poor favor with the court during the divorce.

Making threats, using intimidation or overall harassing behavior will be looked upon unfavorably by the court and could result in police involvement. A restraining order for domestic violence or the allegation of domestic violence can create a slew of issues as the divorce moves forward that can affect both sides with their visitation rights, employment, alimony, child support and many other aspects of the divorce. If there is a court order to stay away from the other party, adhere to it and do not run the risk of an arrest.

Speak To An Experienced New Jersey Divorce Lawyer

While getting a divorce can be a trying time with many unresolved feelings that have to be sorted out, there is no reason to ignore your own legal rights or the rights of the other party. The most contentious divorces can turn worse if either side chooses to ignore the legal rights of their spouse. The most amicable divorces can become contentious if there are attempts to ignore legal rights.

If you or a loved one are in the process of getting divorced or are considering getting divorced in Brick, Long Branch, Colts Neck or any other town in New Jersey and have questions about your legal rights, the attorneys at the Law Firm of Villani & DeLuca in Point Pleasant Beach, New Jersey are here to help.

Other Resources for Protecting Your Rights

Finding Hidden Assets In A New Jersey Divorce

Handling Child Abduction By A Spouse

Living Together During A Divorce


Whether you are from Ocean County, Monmouth County or anywhere else in New Jersey, you should understand your legal rights when getting a divorce and Villani & DeLuca, P.C. can assist you. Call 732-965-3404 today to discuss your case.

Vincent DeLuca, Esq.

As a founding partner at Villani & DeLuca, Vincent DeLuca is one of only a few Certified Matrimonial Law Attorney in Ocean County, New Jersey. Mr. DeLuca has helped many clients navigate the delicate details of their own divorce. Mr. DeLuca is also a trained divorce mediator and collaborative divorce attorney. Call today at (732) 965-3404 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.

Office Location

703 Richmond Avenue
Rt. 35 South
Point Pleasant Beach, NJ 08742
(732) 965-3404
(732) 892-9053 (fax)

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