New Jersey Family Law Blog

Divorcing in New Jersey is a painful process. It can also be a lot more expensive than a couple first realizes. Not only can they lose a lot of their shared possessions during the split, but they may also need to pay for legal fees, quiet titles, moving and refinancing loans. Mediation may not save a couple money on all of these expenses. Still, there are some ways that it helps to reduce the overall financial burden.

To save money through mediation, USA Today recommends getting a head start on the divorce process. Couples may start by listing their expectations of what they intend to get out of mediation. They may also decide what is the least amount they would settle for from the negotiation process. It is important for them to remember that both people may need to sacrifice some of what they built together, regardless of economic disparities between the two.

Many New Jersey couples treat their pets as part of the family, which may lead to complications during a divorce. When a couple decides to split up, it may not be clear who should get custody of the pets. While the letter of the law may view a pet as property in terms of asset division, the reality of the situation may be more like a child custody battle in terms of the emotions involved.

FindLaw states that New Jersey is not a "community property" state. This means that when a court decides on divorce terms, the goal is to split assets equitably, rather than to divide everything exactly in half (as would happen in a community property state). For most property, such as furniture and real estate, a court may focus mostly on its financial worth.

There are numerous issues you and your spouse need to discuss during the divorce process in New Jersey, including what to do with your house and where your children will live. These decisions are often complex, requiring you to consider your immediate and long-term finances as well as what is best for your children. You may think that the only solution is to have one of you stay in the house while the other one moves out. However, a different living arrangement called nesting may provide unique benefits for you, your ex-spouse and your children.

An NBC article describes the relatively new practice of nesting that some people choose after a divorce. In this situation, your children stay in the family home all the time while you and your spouse alternate living there with them. You may share the rent for an apartment where you each live when you are not with your children. You and your ex-spouse may rotate every week or every few weeks. This arrangement may allow your children to feel more secure at home and maintain closer relationships with both you and your ex-spouse.

If you and your spouse decide to divorce, it may be time-consuming to reach an agreement on child custody. There are several essential issues that you may need to decide on, including where the child will live and how visitations will work. In New Jersey, you may be able to settle custody issues with minimal court time if you and your spouse are able to agree to terms on your own. If that is not a possibility, you may need to file a custody complaint in court to establish or modify a custody order. In either case, one of the key elements of a custody agreement is a parenting plan.

If you and your spouse create a parenting plan through informal negotiations with each other, you may simply need to submit it to the court for final approval. You may also use mediation to reach an agreement. The end result of your discussions should be a clear and thorough parenting plan that describes how you and your ex-spouse intend to care for your child.