New Jersey Family Law Blog

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.

Many children are born to unmarried parents in New Jersey and across the country. This could lead to questions about child custody. If paternity is formally established, the fact that the child's parents are not married makes no difference under the law. However, if both parents did not sign an acknowledgment of paternity, the father's name will not be on the child's birth certificate, and the mother will have no right to child support without first proving paternity.

Does that mean the mother has automatic sole custody of the child? It is essential to understand that the father has the right to take steps to prove paternity at any time after the child's birth. The father can petition the court to order a paternity test. The DNA of the mother, the possible father and the child will then be tested at an approved facility to determine paternity.

Fathers in New Jersey who are not married to the mothers of their children might not realize that the law expects them to pay child support. There are exceptions, but a father typically has an obligation to provide financial assistance to the mother of his child. This is not linked to child custody and alimony, and although the courts prefer to see fathers sharing custody, it is not a legal obligation. Proof of paternity or being named as the father on the birth certificate could be enough to enforce child support payments.

The court can order child support payments, or the parents may reach a private arrangement, which, in some jurisdictions, will still need the court's approval. When the court awards child support, the need for support, and the ability to pay are typically considered along with several other factors. A father who stops paying child support can face serious repercussions, even if it was an informal arrangement.

There is an expression that says criminal court brings out the best in bad people, and divorce court brings out the worst in good people. Divorces are typically challenging and traumatizing, but prenups can ease the process. Although many people in New Jersey might believe that prenuptial agreements are only for the rich and famous, these marital contracts can simplify the division of assets in the divorces of the rest of the community. While prenups require full disclosure of debts and assets, they can also address additional matters.

The issues that a well-drafted marital contract can tackle include guidelines for the division of assets accumulated during the marriage, how the couple would deal with debts, spousal support and any other matters unique to the couple. Disputes over finances cause many problems in marriages, and disclosure of assets and liabilities of each spouse is required in a divorce. However, dealing with it at the start of the marriage, with annual updates, might actually support a stronger bond for the couple.