Legal Question in Family Law in New Jersey

When are assets really split in a divorce?

I am in the process of getting a divorce from my wife. When are assets techinically split in a divorce? Should this be taking place now or after the divorce is final? It's small but we have a joint Christmas account that we contribute to via automatic withdrawl from our checking. I would like to stop contributing to it and I would like to cash it and split the money now since I won't be seeing that money come Christmas. She won't do it saying that this is done ''after'' we are divorced. Is that true?


Asked on 1/12/09, 8:52 am

4 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: When are assets really split in a divorce?

Your questions are reasonable, and important.

You really need to sit down with an attorney and get some guidance. If you have kids, it is even more important. The decisions you make now will have a profound, serious and long lasting effect upon you and your children.

It sounds like you do not have a lot of money or own a house. I suggest that you at least pay a divorce attorney for a consultation, and get some idea of what to do.

Please call me if you would like me to assist you. I am in Hackensack, right across from the Bergen County Courthouse.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru. This website, LawGuru, will NOT let me list my phone number in this response.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 1/12/09, 11:05 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: When are assets really split in a divorce?

Many lawyers, at least the ones on this site, offer free consultations. Thus, there is no reason not to go speak to one. You should then hire one if you have anything worth fighting over. It is not nearly as complex and expensive as you may think.

Call me at 732/247/3340 to discuss.

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Answered on 1/12/09, 11:19 am
Richard Vallario Richard W. Vallario Law Office

Re: When are assets really split in a divorce?

Assets can be split at any time by consent of both parties. If there is no agreement the Court will not order division until the divorce is entered (except in rare circumstances). While expensive, you could ask for a Court Order to freeze assets until the divorce if they are substantial enough.

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Answered on 1/12/09, 1:13 pm
Salvatore Principato Salvatore Principato, Attorney at Law

Re: When are assets really split in a divorce?

Assets must technically be split at or before the time of divorce or there may be a waiver. I agree that a freeze might be advised to prevent dissipation. You may wish to seek a consult--- at least one lawyer seems to be willing to give you one in the answers listed already to your question.

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Answered on 1/12/09, 4:59 pm


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