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Divorce Planning in New Jersey
Divorce Planning is when a spouse plans for divorce months and in some cases years in advance. This spouse will usually talk to a lawyer and get instructions on how to minimize earnings for a significant period of time prior to filing for divorce to avoid or at least reduce child support and alimony obligations. The goal is also to reduce assets and increase debts to keep distribution of assets at a low level while dividing the maximum amount of debt. The divorce court looks at the standard of living of the parties during the last three to five years before the filing for divorce. Therefore, a spouse who wants to get divorced may intentionally manipulate the family finances to benefit that spouse when the divorce occurs.
If the divorce is being filed under one of the seven fault grounds (including extreme cruelty, adultery, abandonment, substance or alcohol addiction, institutionalization, deviant sexual conduct and incarceration), the 18 month separation period, required for a no-fault divorce, is waived. However, each ground for divorce has its own stipulations.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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