By: Eric S. Solotoff and Sandra C. Fava, Fox Rothschild LLP
Divorce requires the consent of both spouses: FALSE
If one spouse does not want to divorce, they do not have a choice if their spouse wants to dissolve the marriage. The failure of one spouse to accept the reality of the divorce can increase the costs for both parties.
Courts determine alimony with a set of guidelines or a formula: FALSE
A court determines alimony by reviewing the facts in conjunction with New Jersey’s alimony law and its 13 factors. Parties can privately agree in a settlement to calculate alimony however they deem appropriate, the court is not permitted to apply a specific formula.
A parent can waive his or her right to child support: FALSE
The right to child support belongs to the child, not to the parent. While parents may agree in a settlement agreement that there will be no child support, a court will ultimately have to determine what is in the best interests of the child should an issue later arise.
All assets are divided equally in equitable distribution: FALSE
There is no specific formula for equitably distributing an asset. The law provides a court with 16 factors to consider when making such determinations.
Most cases go to trial: FALSE
In fact, more than 98% of cases settle before trial. The court system strongly encourages privately negotiated settlements between spouses through a variety of means, including by encouraging mediation and holding settlement conferences.
Parents have no obligation to pay for college: FALSE
Parents in New Jersey have an obligation to pay for a child’s college education and related expenses. The law requires that a court consider multiple factors when determining a parent’s obligation to contribute to college expenses.
You can provide for child support and child custody in premarital agreements: FALSE
Provisions regarding child support and child custody in premarital agreements are void as a matter of public policy.
Domestic violence requires physical violence: FALSE
Domestic violence can include conduct that does not involve physical violence, such as harassment, stalking, threats of violence or placing someone in a situation where they fear for their safety.
Mothers always get custody of the children: FALSE
The custody statute is gender-neutral and decisions regarding custody are based upon the best interests of the children in light of 16 statutory factors. However, to the extent that one parent was a stay-at-home parent while the other parent worked full-time, the stay-at-home parent may have a practical advantage when it comes to residential custody.
If one spouse commits adultery, it can have a significant outcome on the case: FALSE
While adultery is still an existing fault-based cause of action to obtain a divorce, it will rarely impact a case beyond the initial pleading, other than a possible claim for dissipation of marital assets.
For more information on these and other questions regarding divorce in New Jersey, contact Fox Rothschild Family Law attorneys resident in the Morristown office, Eric Solotoff at esolotoff@foxrothschild.com or (973) 994-7501; or Sandra Fava at sfava@foxrothschild.com or (973) 994-7564. 