Florham Park New Jersey Family Law Blog

By: Lauren E. Sharp

The FD or "Non-Dissolution" Docket is considered by some to be the more "relaxed" version of the FM "Dissolution" docket. However, this characterization was denounced in a recently published New Jersey Appellate Division case, J.G. v. J.H. Specifically, in J.G., the Appellate Division found that the nature of a dispute, rather than the docket designation, should guide judges when determining the resources required to make a determination.

In J.G. v. J.H., the unmarried parents of John, a minor, entered into a consent order whereby they agreed to share joint legal custody of John with J.G. (Jane) having primary residential custody and J.H. (Joseph) given parenting time. Subsequently, the parties briefly reconciled and the consent order was vacated. After the parties' reconciliation ended, Jane began a new relationship and ultimately became engaged. Subsequent to her engagement, Joseph filed an Order to Show Cause requesting sole custody of John claiming that Jane's fiancé was a convicted felon and drug user and he was worried about John's safety.

New Jersey parents who are getting a divorce will have a lot of matters to hash out. Many of them will relate to finances, which can be especially crucial when it comes to figuring out things like spousal support or child support. But did you know that assets can be hidden, affecting the overall outcome of these matters?

Unfortunately, FindLaw states that a spouse may hide financial assets during the process of a divorce. They may do this for several reasons. One major one is to change the amount of child support they would otherwise have to pay.

As you plan for your wedding in New Jersey, you should also think about crafting and signing a prenuptial agreement. A prenup is a contract that you and your spouse enter into before the marriage to make decisions about what happens in the event of a divorce. There are limitations involved in crafting such an agreement; it cannot address issues related to child support or parental responsibility, for example. Most commonly, a prenuptial agreement includes provisions for the division of assets and spousal support in the event of a divorce. 

According to Forbes, prenups have a poor reputation, and people seem to think of a prenuptial agreement as a strike against the marriage before it even begins, a vote of no-confidence that the couple can remain together. This is a rather outdated way of thinking. Instead, think of it this way: you never intend to have a car accident or a disaster that destroys your home, nor do you expect to die a premature death, but you still purchase insurance policies to protect you and your loved ones if events such as these should occur because you know that they are possible. You should think of a prenuptial agreement in the same way, as an insurance policy to protect you if your marriage should eventually end in divorce despite the efforts and intentions of you and your future spouse.

At some point during the process of your divorce in New Jersey, you and your spouse will have to engage the services of a divorce mediator. This is because state law mandates mediation for child custody and economic issues. However, mediation can benefit you in other aspects of your divorce. In fact, according to the Huffington Post, divorce mediation can save you stress both emotionally and financially as opposed to litigating your divorce case in court. 

Another advantage that mediation has over divorce litigation is that while the court assigns a judge to preside over your case, you and your spouse have the option to choose your own mediator. Recognizing objective qualities that make for a good divorce mediator may help you and your spouse make this important first decision in the process.