Blog

Key Terms in a New Jersey Divorce

Divorce is a scary time for anyone thinking about it or going through it.  Divorce is also something that people do not understand until they are in the process.  Therefore, I have created a list of key terms that are helpful to those new to divorce.

  1. Property Settlement Agreement/Marital Settlement Agreement – A written contract that addresses and resolves all issues arising out of a marriage. This is the main goal of every divorce and nearly 97%-98% of all couples reach this goal. The remaining couples have the issues of their divorce decided by a Judge.
  2. Support – a) Alimony – guided by statutory factors. The most important factors are the length of marriage, needs of parties, ability to pay, and ages of the parties.
    b) Child Support – We have guidelines. Some cases are above the guidelines and a variety of factors become relevant to establish support.
  3. Custody– a) Parent of Primary Residence – The parent who has the child the majority of the time.
    b) Parent of Alternate Residence – The other parent.
  4. Parenting Time – The term used to describe the time shared between a child and their parent.
  5. Equitable Distribution – The method used to divide marital assets and debts.
  6. Emancipation – The age wherein a child is self-sufficient and child support is no longer an obligation of the parents.
  7. Mediation – A process that allows the divorcing couple to self determine the terms of their divorce. A trained mediator facilitates this discussion and process. The mediator prepares a Memorandum of Understanding, which memorializes the terms of the agreement reached. This Memorandum of Understanding is then incorporated into the Marital Settlement Agreement.

Please contact me at jlawrence@lawlawfirm.com if you have questions about this post or any other family law matter.

Back to Blog
SHARE THIS POST:

Related Posts

Blog
What Happens When an Ex-Spouse Breaks the Marital Settlement Agreement?

In 2020, it was estimated that 39% of marriages ended in divorce. If you are someone who went through divorce, you may be struggling with a spouse who fails to abide by your marital settlement agreement. They may fail to make payments for alimony, for example, or they may fail to pay their part of…

Read More
Blog
The Dangers of Being Too Nice in a Divorce

You Can Be Too Nice in a Divorce Ninety-five plus percent of all divorce cases will settle without a trial. However, that does not necessarily mean that each spouse ends up with a deal that gives them everything they want. There is such a thing as being too nice when you settle your case and…

Read More
Blog
How the Best Interests Test Works

The Best Interests of the Child Test in New Jersey The concept of best interests of the children actually comes from a United Nations Convention, and it’s applied in all states. Beyond that, many people don’t know what it means. Below is an explanation of the test and how it is used in New Jersey…

Read More
Blog
Are Divorces Actually Becoming More Civil Because of the Pandemic?

Is the Pandemic Changing the Way That People Divorce? Only about 2-3 % of divorce cases end up going to trial. However, even among the 92-98% that avoid a court hearing, there is often rancor and bitterness that plague the relationship between the spouses. However, the COVID-19 pandemic has caused at least some change that…

Read More
Blog
Main Dispute in a Divorce is Often Custody and Parenting Time
Custody and Parenting Time Often in a divorce, the main area in dispute is custody and parenting time of a child.  Litigants can spend months of their lives and thousands of dollars fighting over their child. There are two different types of custody - legal custody and residential custody.  With regard to legal custody, there... Read More
Blog
Important Factors to Consider When Planning for Post-Divorce Life Amid the Pandemic

Will COVID-19 Change Post-Divorce Finances? Under normal circumstances, soon-to-be ex-spouses need a roughly 30% increase in income, on average, to maintain the same standard of living they had before needing a divorce law firm. However, we are no longer under normal circumstances. The pandemic is further complicating financial pictures for individuals planning for their post-divorce…

Read More
Call Now ButtonCall Us