New Jersey Family Law Blog

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.

Most people in New Jersey get married with the intention of being together forever. Sadly, that is not always the case, and having to deal with an unanticipated divorce can be a daunting prospect. Where does one start, and what are the necessary steps? One thing to keep in mind is that there are ways in which to limit the trauma of a divorce.

Couples who choose to remain amicable and agree to an uncontested divorce can reach a settlement without the need to go to court. While certain aspects will always be traumatic, such as dealing with child-related matters, even those can be negotiated without involving the court. The help of divorce mediators, or choosing a collaborative divorce can ease the negotiations to reach an out-of-court settlement agreement.

Although divorces of LGBT couples in New Jersey are mostly treated in the same way as those of heterosexual couples, there are some unique challenges. Even with changes to the language of divorce laws, some couples were together for decades before they were allowed to get married. If they file for divorce now, they have only been married for a few years in the eyes of the law, with potentially severe impacts on matters such as property division. It complicates the division of assets accumulated as a couple in the years prior to marriage.

Some child-related issues can also be significant issues, especially when one spouse is the biological parent. It might be a challenge to establish a legal tie between the nonbiological spouse and the child. It could play a role in decisions about child custody, child and spousal support, and even the child's inheritance. In heterosexual marriages, it is presumed that the spouse of a woman who gave birth to a child is the other parent.