Planning for children in a marriage is sometimes accomplished by storing frozen embryos created from the wife’s egg and the husband’s sperm. There are many reasons couples may utilize this procedure. Sometimes it is due to an inability to naturally conceive. In other cases, it may be because the wife has cancer, and the couple wishes to ensure a future with children, before her eggs are damaged by cancer treatment. If all goes well, the embryos may eventually be harvested and a baby is born.
During these early planning stages, no one anticipates that the marriage will end in divorce. The reality is that it can, and does, happen. If it happens before all the embryos are harvested, and proactive legal measures were not taken to address their fate in the event of a divorce, it can mean that the frozen embryos, which are considered marital property, may be caught up in an arduous battle by the parties for marital property rights.
The unique and complex nature of this type of marital property make it difficult to discern who should be awarded the embryos when the parties do not agree on their final disposition. Options include one party taking custody of the embryos, destruction of the embryos, donation of the embryos for use by an infertile woman, or dividing up the fertilized embryos between the parties. However, when the parties cannot agree, the Cherry Hill divorce lawyers at the Hartman Group are experienced in this type of negotiation process and will work to find the solution that satisfies all parties involved.
Cherry Hill Divorce Lawyers at the Hartman Group Handle Complex Issues in New Jersey Divorce Cases
Cherry Hill divorce lawyers at the family law firm, the Hartman Group, will skillfully guide you through all stages of your separation and divorce. If you are considering divorce in New Jersey and need a compassionate, experienced family law attorney call the Hartman Group at 856-235-4511 or contact us online for a personal consultation today. We handle all types of divorce matters in New Jersey including equitable distribution, child custody and parenting plans, child support, alimony, domestic violence, prenuptial agreements and issues related to divorce and special needs children.
Our offices are conveniently located in Moorestown, New Jersey in Burlington County allowing us to conveniently serve clients in Cherry Hill, Haddonfield, Camden County, Cumberland County, Gloucester County, Cape May County, Salem County and Atlantic County.