Uncontested Divorce

In an uncontested divorce, both parties agree on all related issues, such as custody and parenting time, child and spousal support, and distribution of assets. The process requires the filing of a written settlement, known as a property settlement agreement or marital settlement agreement, signed by both parties.

Child support is a court-ordered obligation and commonly enforced through payroll withholdings. These orders are reviewed every two years by the NJ Probation Department and can be adjusted at that time to meet cost of living changes. Additional adjustments can be requested by either parent when there is a substantial permanent change in circumstances that would affect the need of the receiving parent or the ability of the paying parent to meet their obligation. Examples of circumstances that could warrant a change in child support orders include:

• the loss of a parent’s job

How Income and Parenting Time Play A Role

The percentage each parent contributes to the family’s combined net income is a major consideration when calculating child support. For example, if one parent earns 40% of the combined income and the other earns 60%, their individual child support obligation would be impacted by this. One parent’s receipt of alimony from the other parent would require adjustment of these percentages. Be aware, though, that a parent who is unemployed or under-employed by choice is not exempt from their child support obligation; rather their share of this obligation can be based on their potential earning capacity.

There are several reasons why a couple might hesitate to file for divorce:

• They are worried about how it will impact the children

Today there seems to be an increase in ‘default parent divorce’ spurred, in part, by the fact that many mothers – the typical ‘default parent’ – now try to balance this role with their careers. The financial independence they’ve achieved through their careers opens more options for them. But divorce doesn’t have to be the answer. To learn more about ‘default parent syndrome,’ how it can damage relationships between partners, and what can be done to fix that damage, read “’Default Parent Divorce’ Is On The Rise – & It’s About A Lot More Than Chores.”

Despite worrying about the effects it might have on the children, divorce is the only option for some couples. To help their children accept divorce in a healthier way, parents need to truly understand what their children are feeling. For a look at four common reactions children may have to divorce, and how parents can change those reactions from harmful to healthy, read “4 Common Ways Kids Experience Parental Divorce or Breakup.”

Infant and toddler needs are very different from the needs of middle schoolers and teenagers. Rigid parenting plans fail to take that into consideration and end up leaving children feeling helpless. Parents can help avoid this. To learn how read, “Custody Schedules Should Change With the Needs of Children.”

Although divorce laws vary by state, in most instances property acquired by one partner prior to their marriage is considered separate property. Assets acquired after the marriage, especially with comingled finances, are considered marital property. But it isn’t always cut and dry. There are circumstances under which separate property can become marital property, and this can affect the distribution of assets whether you live in a community property state like California or an equitable distribution state like New Jersey. To learn more about separate vs. marital property and how one can turn into the other read, “I bought my house before I got married. …”

Prenuptial agreements can be very sensitive matters. After all, no one wants to think about divorce when planning their wedding, making prenups the least romantic of all wedding planning topics. For some people, prenups are a consideration only for the wealthy, or worse, a sign of mistrust. Others view these agreements as a necessity for protecting each partner’s personal assets. Whatever your opinion, it’s helpful to fully understand the ins and outs of these contracts before deciding whether they make sense for you. To learn more about prenuptial agreements, common myths pertaining to these contracts, and how to broach this sensitive topic with your partner, read “The ultimate guide to prenuptial agreements: Benefits, myths and tips.”

There are many variations of what a co-parenting arrangement looks like, but most have the child or children splitting their time between Mom and Dad’s respective homes. Depending on how far Mom and Dad live from each other, this can be disruptive to their children’s schedules and social lives. A less disruptive arrangement is one referred to as ‘birdnesting’ where the parents, rather than the children, changes houses, but even this arrangement has its challenges. To learn more about this co-parenting concept and whether it could work for you read, “What is ‘Birdnesting’ and Is It Right for Your Family?”