What should i expect from my divorce?

Asked over 3 years ago - Carteret, NJ

i have been with my husband since i was 17. i am now 25 and we have recently decided to get a divorce. we have 2 young children. since i had my first child i have been a stay at home mom. i dont have my high school diploma and he has been my sole provider the whole time we have been together. he is a sheriffs officer and says he knows alot about divorces because he works in the courtroom and sees it all the time. he says he will give me $75 each child per week. in no way do i want to take everything from him but it will take me some time to find a job and save some money to get on my feet. what should i expect from getting a divorce and will he have to give me some time to get situated before abandoning me?

Attorney answers (3)

  1. David Perry Davis

    Contributor Level 17
    Best Answer
    chosen by asker

    Answered . You have the right attitude in saying you "don't want to take everything", but on the other hand, it doesn't sound like your good will is being reciprocated.

    Your issues are way beyond something that can be responsibly addressed on a Q&A forum. Your ex has got to realize that your kids are entitled to support on the child support guidelines, you're entitled to half the PERS pension he acquired during the marriage, and he can't walk out with a developed earning capacity and say "good luck." I don't know without knowing all your facts, but while you're probably not entitled to any type of permanent spousal support, you're going to need support until you can develop your own earning capacity - which probably means going back to school. At 25, you're still young enough to do whatever you want in the world -- I didn' even t start college until I was 22 and there was a 64 year old woman in my law school class.

    Bottom line - while a lot of questions posted here can be answered with some helpful information on handling something yourself, your situation isn't in that class. You need to speak to an attorney. The two of you can (and should) attend mediation to get to what's fair if you can't reach a FAIR agreement from the start, but you've got to know what the parameters are as far as what a court would order.



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  2. Janice Newman Teetsell

    Contributor Level 13

    Answered . At the very minimium you can and should get child support that is based upon the child support guidelines - not just what he offers - I can't give you a ball park amount because you did not state what he earns but I would guess it is sufficient to cover more than $75 per child. Depending on how long you were married - alimony could be a factor - at the very least you should ask for rehabilitative alimony to allow you to get training for employment so that you can support yourself. Depending on when you were married, you could also be entitled to a portion of his pension that would be set aside for you for when you retire. You may also ask him for attorney fees since you have no income of your own and you need representation.

    YOu really should consult a matrimonial attorney. YOur husband has an advantage over you and you are not "taking anything away from him" that you would not be entitled to under the Laws of New Jersey.



    This response is purely informational and not meant to create an attorney/client relationship.

  3. Ronald Glenn Lieberman

    Pro

    Contributor Level 18

    Answered . You can expect that issues including alimony, child support, custody (legal and physical), parenting time, and division of assets and debts (equitable distribution) will take place. A judge will give you time to either obtain an attorney or for you to consider all options.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed.

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