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Filing Taxes After Your Divorce

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Your tax filing situation changes no matter the length of your marriage once you’ve divorced. You need to choose a “single” or “head of household” depending on how you qualify. If you have children involved in your divorce, that also could factor into how to properly file your taxes. Both spouses are unable to file as “head of household” if child support or care is involved. Alimony may also be a factor that you have to consider when filing taxes as well. If you and your ex are in the middle of selling a home that you owned, this might have implications for your taxes as well as you could owe capital gains taxes.

Learn more about filing your taxes after going through a divorce here. LEARN MORE>>

New Jersey Divorce Law Overview:

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The following is a brief discussion of some of the main concepts of divorce law in the State of New Jersey. It is not ledivorce or legal problems concept. documents or papers filing, child custody, family law. man and woman sitting depressed at the attorney or lawyer officegal advice. It is highly recommended that one consult with a licensed New Jersey attorney when considering filing a divorce action or if you have been served with a Summons and Complaint.

 

New Jersey is a “no-fault” divorce state. That means that the court does not entertain allegations by the parties as to the specific issues that precipitated the divorce. For example, if one spouse is consistently spending time away from home and spending money that hurts the financial stability of the family as a whole, the court will not consider those allegations in granting the Complaint for divorce.  That is the court will not grant the divorce with a finding that one spouse was a good spouse and the other was the bad one. The court will not punish one spouse by awarding more of the marital assets to one spouse because the other spouse alleges character and moral flaws of the other spouse.

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New Jersey Child Support:

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Children of Divorce have an absolute right to be supported and their parents have an absolute obligation to provide for the financial support of their children.  The following outlines some of the rights and responsibilities of parents related to child support in New Jersey:

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Divorce and Spousal Intimidation:

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The marital relationship is in tatters. One spouse has decided that it is time to move on and pursue what he or she perceives as a better life ahead, while leaving the 20-year marriage in the rear-view mirror.

 

In this example, the other spouse wants to maintain the marital relationship for a host of reasons, including continuing unrequited love for the departing spouse, but most importantly to protect the children from the adverse effects that by the divorce will have on them. The other spouse sees the world only in the view of his or her happiness, which view no longer includes marriage and supporting, emotionally or economically, his or her children. Those obligations are in the mind of the departing spouse, an impediment of realizing his or her new vision of Shangri-La.

 

So, one fine day the unhappy spouse leaves the household, explaining to the other that he or she needs to find themselves. In the parting words are included, the following:

 

  1. Everything I earned is mine;
  2. If you come after me for alimony, I’ll take the children;
  3. I will buy the kids sneakers and stuff, but you will have them living with you and need to take care of the rest of their financial needs because I need my money for other things;
  4. If you interfere in anyway with my journey to true happiness, I will leave you penniless, and I will take the kids and move to another state;
  5. If you go to an attorney, I will rake you over the coals because I have the money and you will not be able to fight my economic superiority.

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Removal of Children from the State of New Jersey

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New Jersey has a statute that prohibits the permanent removal of children from New Jersey without the permission of the other parent or Order from the Court.  This law applies to children born in the state or who have lived here for five or more years.

In matters that are contested, the parent who seeks to remove the children must make an application to the Court before moving with the children and has the burden of showing good cause for the move.  In determining whether such cause exists, the Court must use the best interests analysis.  In doing so, the Court must consider all relevant factors, including but not limited to the following, supplemented by other factors where appropriate:

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