Jersey City divorce attorney and New Jersey Family Law Attorney Santo Artusa……This article is about common divorce misconceptions in New Jersey and how I will “destroy” them one by one with the help of Spock. Ok, first myth that we will destroy today: “My spouse will get half of everything I have” This is false. First, New Jersey divorce laws are based on equitable distribution not community property meaning that it is based on various equitable factors. Even if the court divided half of property you have, it is only the property/assets acquired during the marriage. So if you think your spouse will take money you had before the marriage too, no he or she will not. There are circumstances where money is commingled but that if for another time and another article.
#2 – The family courts favor women. Untrue. More and more women are lawyers and in turn Judges and believe it or not, many of these judges in family court are tougher on women then they are on men. I have seen it with my own eyes time and time again.
#3 Men can never have custody of their kids. Untrue. The tender years doctrine is no longer the law or the way courts consider custody. The age of children is part of the factors in custody determinations but mothers and fathers are equal in the State of New Jersey. Obviously if one parent has had the children for a long period of time, the other parent cannot simply expect to fly into their lives and just obtain custody and if they do not, they cannot blame it on whether they are male or female, mother or father.
#4 Men Cannot Receive Alimony-Untrue. Women, you have what you want! You have jobs and salaries just like men and guess what? If you earn more, you will have to pay alimony! Whether you are a man or woman, the breadwinner will pay alimony. If the parties agree to waive alimony then of course it does not have to be paid but alimony can and is paid to men everyday. New world!
Anyway friends, until next time, thank you for reading and contact me if you seek a divorce attorney in New Jersey. We can be reached on 973-337-9643.