Adopting a Pragmatic Approach to Divide Pictures and Videos in Your NJ Divorce

In New Jersey, family photos and videos are considered the property of both spouses. The court encourages couples to reach an amicable agreement independently, but it can intervene if necessary.

When discussing the division of assets in a divorce, one envisions property, vehicles, family antiquities, and retirement funds, among others.  Both sides negotiate an equitable settlement, sometimes with the court’s help, when decisions come to a standstill.  Certain items may hold a special significance for one party.   Usually, the division of those pieces, which means more to one party, is handed over without much incident.  But what about the memorabilia that is near and dear to the hearts of both parties?  Photos and videos are also a part of the assets that must be divided, and they require special handling.

Photos and videos are not just possessions; they are the tangible record of the intangible joy, surprise, love, and wonder experienced over the years. They are the treasured snapshots of the past, each carrying a deeply emotional significance. When it comes to who will keep these, their sentimental value may spark a deeply emotional debate. How can one divide the highlight reel of the chronicles of family life?   The best and most celebrated moments and accomplishments as individuals, couples, and parents are to be divvied up in a gut-wrenching divorce process in which both sides cling tightly to whatever they can. It’s important to note that these keepsakes can sometimes be used as ammunition or emotional blackmail to contort the other’s position regarding more tangible assets.  The years of holidays, vacations, and milestones hold deep sentimental value and can wield substantial power for one party over the other. This power dynamic underscores the need for legal guidance in such cases.

New Jersey law considers family photos and videos, unlike family heirlooms, to be marital assets that are subject to equitable distribution. Divorcing couples are required to act in good faith and with the hope that they will work out an acceptable arrangement for everyone involved.  The courts prefer couples to find a solution themselves, but they can decide for them when this becomes an intractable problem. This includes the division of photos and videos.  At Bronzino Law Firm, our compassionate divorce attorneys can provide several options to make this step easier. If your marital future is uncertain and you have questions about getting a divorce, we can offer answers and professional guidance along the way. Divorce is an unsettling, painful process, and our divorce lawyers can help you make informed decisions that will give you the confidence to make the necessary changes toward a happier future. Contact us today at (732) 812-3102 to speak with a member of our team.

Methods to Divide Shared Memories in the Form of Photos and Videos During Divorce

As a general rule, marital property is anything that is acquired during the marriage.  Items owned by either party before the marriage are returned to them.  Birthdays, anniversaries, Christmas, or other celebratory gifts remain with the person who received them.  Also, anything inherited is the property of the person for whom it was intended. When it comes to photographs, family videos, and similar items captured in image or video form, the courts prefer that couples decide how to divide these precious items; there is no one-size-fits-all answer. Families with children would certainly be managed differently than a couple alone.

Some couples have a plan written into their divorce agreement that includes making copies of photos and videos for each spouse and setting up a neutral cloud where both parties can upload and download the photos and videos they want. Copying and sharing digital photos and videos is as easy as setting up an account on any cloud service. The couple can share and download what they like from the cloud without issue. If there are trust issues regarding ownership, a neutral party can open the file and ensure both parties have free access.  But what about photos taken with film cameras and old home movies on VHS or DVD?  Several media services offer digital conversion of that memorabilia. The cost could be divided equally, or each party could pay for the items it wishes to convert. Another frequent point of contention is the pictures each spouse can post on social media.  Some spouses prefer to be no longer included in any visual imagery on the other person’s account once the split has been completed. Hopefully, this can be discussed and agreed upon without involving the courts, but a motion can be filed if necessary.

If an agreement cannot be reached, some judges will assign them a sentimental value and consider that value in the overall division of assets. High-conflict divorces may require judicial intervention as soon as they are filed. One way to prevent them from being destroyed is to order the spouses to supply a neutral party with the photos and videos for safekeeping until decisions can be made.  Requiring mediation is another way to distribute the memories in a controlled and calm environment.

Practical Solutions for Reducing Conflict Over Sentimental Photos and Videos in a Divorce

The easiest and least expensive solution is clearly communicating your needs and wants, keeping compromise at the forefront of any discussion.  The pictures and videos you want are likely those of family members you both know and love, but most of all, your children.  The memories you preserve are as much for them as for yourselves. Fighting tooth and nail for such beautiful moments certainly isn’t the example you want to set for them.  Withholding the photos of precious moments as ammunition to hurt your ex is counterproductive at most and unkind at least.

Mediation is an excellent option for these kinds of decisions.  When emotions are high, a neutral party who can offer compromise and communication is a productive solution. If neither of these solutions works, consider the costs. Returning to court and spending more time in litigation over something that can just as easily be resolved in another fashion can become very costly.

Why Destroying Family Photos Post-Divorce is a No-Go in New Jersey Courts

In a recent case (C.S. v. B.S.), a couple divorced after a 25-year marriage and had one child, who was emancipated at the time of the divorce. The couple entered into a Marital Settlement Agreement (MSA) and agreed to share the family photos and videos stored in the previous family home where the wife resided. Shortly after the divorce was finalized, the husband requested his ex-wife’s help in getting his due photos and videos.  She replied that she had thrown everything out due to his infidelity because she didn’t want to be reminded of him.

The husband went to court, and there was a hearing to offer both parties a platform to explain their side.  The wife claimed to have already given her ex his photos and had only destroyed the ones that were hers.  The judge found her testimony less credible, pointing out that the parties are bound to act in good faith in honoring the MSA, and as she had been deceptive, he sanctioned her with a fine of $5,000.

Count on Our Divorce Lawyers to Protect Your Photos and Videos During the Divorce Process in New Jersey

At the Bronzino Law Firm, we aim to represent you throughout your divorce from start to finish. Our skilled divorce lawyers will discuss your situation, answer all of your questions, and ensure your rights are upheld.  Divorce is a long, arduous process, and conflict is often inevitable.  We will negotiate and reach the agreements necessary to ensure an unfettered process whenever possible. However, our attorneys are also zealous family court litigators who will fight for you in court if necessary. Our firm has helped numerous couples navigate the divorce process, negotiating and creating agreements in areas ranging from equitable distribution of marital assets to child custody. We proudly serve clients in Red Bank, Toms River, Sea Bright, Tinton Falls, Eatontown, Berkeley, Freehold, and other Ocean and Monmouth County towns. Call us today at (732) 812-3102 for a free consultation, or contact us online.  Let us help you take this important step in seeking a better future.