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Divorce Need Not Be a Scary Movie

Posted by Matt Rooney | Oct 31, 2013 | 0 Comments

Divorce is Always Unpredictable, But the Right Plan Can Improve Your Chances of Reaching the Right Result with Minimal Ugliness

Halloween is supposed to be scary; divorce, on the other hand, need not be terrifying. Halloween is here. It's a fun holiday even for families in transition with the proper attitude and planning in place. Sometimes, however, the scariest part occurs when you're initially considering the prospect of initiating a transition; in other words, things can look grim when divorce is a real possibility but you're unsure whether to take the next step. Divorce lawyers are not in the business of marriage counseling or moralizing. Deciding whether to end a marriage is a deeply personal one that can only be made by the parties to the marriage. It's patently obvious that staying in a “bad” marriage can be much more detrimental to everyone involved, including the children, than to venture into the unknown waters of divorce. No one needs an attorney to tell them that. While we regularly advise undecided spouses about what to expect if they decide to begin the process, we will weigh in by advocating a timeline only at the point where our prospective client says they've definitely decided to proceed with a divorce. They know “why” – they're simply not sure of the “how” and “when” considerations. It may not surprise you to know I have often found that finances play a very big role in an individual's divorce calculus. Public surveys often find that fears pertaining to financial stability are a major reason why couples forestall filing for divorce. That's especially true in a poor economic climate. The single most important thing to remember? Delaying an inevitable divorce almost always benefits only one side. Which side are you sitting on in your highly-specific divorce equation? You won't know without meeting with an attorney who can apprise you of your options, teach you the right questions to ask and help you perform the appropriate self-inventory. For example, a dependent spouse (defined as the one who financially relies on the other spouse to carry key expenses and maintain the marital economic lifestyle) need not “sink or swim” on their own while waiting for a final divorce and whatever child support and/or alimony award(s) accompanies it. As DeMichele & DeMichele shareholder Rick DeMichele, Jr. recently explained here at our blog, there is a viable option for dependent spouses: “Support that is awarded prior to the entry of a final judgment of divorce is referred to as pendente lite alimony or spousal support.  The literal Latin translation for pendente lite is “while the litigation is pending.” In order to obtain pendente lite alimony or spousal support, a motion must be filed with the court. The motion must refer to the statutory alimony factors and demonstrate genuine need for the support while the litigation is ongoing.” DeMichele & DeMichele attorneys will work with you to properly present your financial condition to the Court, evaluate your expenses and ascertain the appropriate relief to request when your pendente lite motion reaches the judge's desk. While we never guarantee results, we can promise that our experienced team we will work tirelessly to put you in the best possible position. Compassionate, experienced and zealous representation is only an email or phone call away when it feels like everything is on the line.  If you or someone you know is considering filing for divorce in New Jersey, contact the family law attorneys at DeMichele & DeMichele online today. Your confidential initial consultation can also be scheduled by calling our family law attorneys: (856) 546-1350.

About the Author

Matt Rooney

Practice Areas: Family Law (including Divorce, Alimony, Child Support, and Domestic Violence); Municipal Court; Personal Injury; Residential Real Estate; Civil Litigation; Collections.


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