New Jersey Family Law Blog

Times have changed, and the list of services available online is endless. However, in some cases, DIY is not necessarily easier or cheaper. For anyone in New Jersey who is thinking about navigating a divorce through an online service, it might be a good idea to first gain an understanding of the intricacies of the process and the pros and cons of going that route. It's important to consider these issues carefully because even an online divorce can have financial consequences.

Sometimes, what starts as an uncontested divorce can become contentious down the road. While the online service might imply that it is merely a process of filling out the appropriate forms to file with the court, it is seldom that clear-cut. Issues typically arise when it comes to matters related to child custody, and in many cases, even pet custody is an issue. Also, if the spouses agree to share custody of the children, agreeing on which parent will have the children when could lead to arguments.

Mothers are traditionally considered to be the primary nurturers and caretakers of their children. Modern parenthood is changing that. Fathers today spend more time tending to childcare, housework and homework than they did a half-century ago. Many family structures are transforming due to the change in parental involvement.

The increasing rate of parental divorce and separation have parents re-envisioning family life and the work of continuing to raise kids together. Now more than ever, fathers are seeking equitable custody arrangements, so that they can be more present in their children's lives. Even if you're an active father involved in caretaking and addressing the emotional needs of your children, you may feel like you are facing an uphill battle when it comes to custody issues.

Many marriages in New Jersey are between people who may have already been married before, and they enter into new unions with significant assets already accumulated. If the spouses do not sign prenuptial agreements, the division of assets and property in the event of another divorce could become a contentious affair. Under some circumstances, a postnuptial agreement is recommended to avoid this,

A postnuptial agreement is a legal contract that a married couple signs after the date of their wedding. Although postnups typically deal with financial issues, they can include issues like household chore responsibilities, expectations of faithfulness and more. Postnups are most effective for couples where one or both spouses entered the marriage with significant assets or when one of them expects an inheritance.

Common law marriages are not legal in New Jersey, although many couples in long-term relationships choose not to get married. These relationships can work well, but if unmarried couples split after years of acquiring assets and having children together, the division of assets and property could be a challenging process. There are no rules or legal requirements for ending a cohabitation arrangement, making it less costly and time-consuming -- but not always less traumatic. Contention may arise because of the lack of laws to govern the fair division of property.

Couples in cohabitation relationships do not have any obligations when it comes to supporting each other after splitting, and that could bring hardship if one partner became used to being supported by the other. One way to prevent that is for the couple to draft a cohabitation agreement. Another disadvantage of not tying the knot is the fact that, absent a formal authoritzation, one partner will have no rights to make decisions on behalf of the other partner in the event of an illness or if he or she becomes debilitated. Such matters will be the responsibility of the the individual's immediate family members.