For married couples, divorce is rarely an easy choice. In the sea of hard choices, uncontested no-fault divorce appears to be a possibly easier and non-adversarial option that may help both parties part ways amicably.
Yet, even when couples choose this, many factors still play out throughout the divorce period that could lead to one party agreeing to unsatisfactory conditions and getting shortchanged in the process. This is why, even when the separation is amicable, you still need to make sure you get a fair deal.
To ensure that you get the right representation in your no-fault and uncontested divorce case, you need the help of the New Jersey Family Law Team at the Lento Law Firm. Our experienced divorce attorneys will provide you with solid legal support throughout the divorce proceedings. We'll work hard and fight for your right to a fair and satisfactory outcome.
Call 888-535-3686 or fill out this contact form to talk to a New Jersey divorce attorney today.
What is Uncontested or No-Fault Divorce
In New Jersey, an uncontested/no contest or no-fault divorce is one where both parties agree on the divorce terms on a no-fault basis — meaning one party doesn't blame the other. It's usually quite amicable and often involves couples who just want to go through the divorce with no discord or conflict.
In many cases, one or both parties file for the dissolution of marriage on the grounds of irreconcilable differences or living separately for a minimum of 18 months. Usually, a no-contest divorce case involves parties that are cordial and willing to get through the process as quickly as possible.
If there are children involved, both parties often prioritize the children's well-being and stability, choosing to do everything that will minimize the impact of the divorce on the children. While no-contest and no-fault divorce cases often seem interwoven, they are different. For example, a no-fault divorce where there are no reasons for the divorce can often become contested when it comes to child custody issues and assets or property division.
Also, a no-contest divorce may be preceded by one party stating a reason like infidelity as the reason for the divorce – hence the fault aspect –even if they choose an amicable, discord-free settlement.
Bottom line, if you're thinking of a no-fault or uncontested divorce, talk to an attorney first about it, so you can ensure that you'll be taken care of even if there are no conflicts.
No-Fault Uncontested Divorce Case Proceedings in New Jersey
In New Jersey, the process of filing a no-fault uncontested divorce is pretty straightforward. It usually involves the following:
- At least one party must be a New Jersey resident for a minimum of one year.
- The plaintiff informs the court they're filing a no-contest or uncontested divorce.
- Pays the $300 fee and fills all relevant forms.
- Partner or other party files an Appearance Form confirming it's an uncontested divorce and pays a $175 fee.
- Partner indicates their willingness to appear before the court for all unresolved issues.
- Both parties draw up, sign, and notarize an agreement indicating joint property settlement detailing everything from child custody and support to asset distribution and alimony, where necessary.
- The court accepts the agreement and includes it in the final divorce order.
Although it's a pretty straightforward process, there may be disagreements on certain aspects of the arrangements. Also, because it takes a few months if nothing goes wrong, things can change within that timeframe. If both parties are unable to amicably resolve the differences, a no-fault uncontested divorce can quickly transform into a hotly contested, complex, and lengthy “free for all”.
Divorce can often take an emotional and financial toll on both parties. This is why, even if you've agreed on a conflict-free divorce, it's important to make sure all parties agree with the terms and conditions. While you may trust that your partner will play fair, the reality is people have been known to make last-minute modifications that'll lead to costly outcomes if their partner signs the agreement.
You don't want to have to deal with that. This is why it's important to let an experienced New Jersey family law attorney draw up the agreement terms. This way, you know that someone is looking out for your interests in the divorce proceeding.
Child Custody in an Uncontested No-Fault Divorce Case in New Jersey
Child custody is one of two critical issues that both parties have to figure out in a divorce case. Fortunately, because both parties are often in agreement, child custody and support are not usually a problem. Often, both parties tend to agree on pretty much all of the following:
- Legal custody — Which parent makes decisions about important things like the child's education, religious affiliation, and healthcare.
- Physical custody — Which parent the child lives with primarily.
- Visitation rights — When a noncustodial parent or relative can visit the child.
- Time spent with each parent — How much time each parent gets to spend with the child.
Because New Jersey law encourages frequent contact with both parents, the courts often try to ensure shared or joint legal and physical custody (50/50) for both parents, as long as both parties are deemed healthy and capable of caring for the child.
Where there are clear indications of a lack of capacity — probably due to work, health, or security-related reasons — the courts will likely award the more stable, safe, and available parent with physical custody whilst allowing the non-custodial parent considerable parenting time.
Factors Influencing Child Custody Outcomes in New Jersey
Remember, the court's primary concerns are the child's welfare and stability. Therefore, even though the state prefers to give both parents joint physical and legal custody, it will consider some factors before making a final decision. These include:
- The child's safety and living arrangements
- Where the child will get the best care
- The child-parent relationship
- Parental availability and circumstances
- The child's proximity to important facets of their life, including school, religious organizations, or other extracurricular activity
- The child's age and preference
- The parents' physical and mental states
- Parental history of abuse (if any)
- Parental lifestyle
The court will consider all of these before giving the child custody ruling. However, the court may even overrule the child's wishes in some instances. For example, if the child prefers to stay with the parent whose job takes them out of town for prolonged stretches, the court might deny that parent primary or physical custody on the grounds of lacking availability.
However, if that situation changes and their work brings them within a reasonable distance of the child, the parent can file a motion seeking a review of the previous child custody ruling. Nonetheless, it's always important to consult with a New Jersey child custody lawyer to ensure you get a fair outcome from the child custody ruling.
Child Support in No Contest New Jersey Divorce Cases
This is the second critical issue that parents have to resolve. In child support cases in New Jersey, the state's guidelines allow it to determine what's required in monthly upkeep to provide adequate care for the child(ren). These guidelines consider the following:
- Both parents' income
- The current standard of living
- The child's daily and medical needs (if any)
- The state of the child's health
- The child's age
- Daycare costs for the child(ren)
- Medical insurance costs for the kids
- Time spent with each parent
The goal of child support is to ensure that the child continues to receive the same financial support that they'd have had if the parents were together. So, the court will consider all the abovementioned before awarding child support amounts or percentages to one or both parents.
However, because both parents usually agree on child support in uncontested divorces, they tend to include their arrangements in the agreements. This removes the need for a court-mandated child support order.
Parent(s) are expected to pay child support until the age of 23 if the child:
- Is still getting an education (including vocational and graduate school).
- Has a health condition that requires them to be dependent on the parent for survival.
Child support may apply to children older than 23 if they have a debilitating physical or mental health condition that causes them to be reliant on the parent(s) for financial support. Parents may also independently decide to continue providing child support way beyond their child(ren)'s 23rd birthday.
Please note that New Jersey courts may review child support orders if there's a change in circumstances or errors in calculation. For example, if one parent's financial situation changes or they underrepresented their income.
Pros and Cons of No Contest No-Fault Divorce
For some couples seeking an end to their legal union, an uncontested, no-fault divorce seems like an ideal choice. However, even though it has many benefits, it's not without its problems. Some of its pros include:
- Faster and simpler pathway to a divorce
- Less fraught with acrimony and antagonism
- Reduces conflict and emotional strain
- Considerably cheaper option than a contested divorce
- Aids cooperation between both individuals to find amenable solutions to child custody/support and asset distribution problems
- Encourages and protects privacy as both parties can avoid discussing their private affairs in public
An uncontested no-fault divorce's cons are as follows:
- Lacking accountability, particularly for the partner whose actions caused anguish in the family
- Lacking protection for the weaker individual
- The relative ease may discourage partners from thoroughly seeking reconciliatory pathways before filing the divorce.
- One party may not get the sense that justice was served
- Trivializes commitment and personal responsibility
While a no-contest no-fault divorce has its drawbacks, it's still a much-preferred option to contested fault-based divorce; which can be acrimonious, adversarial, and a downright bitter experience for one or both parties and the children, if any.
Will an Uncontested No-Fault Divorce Lead to a 50/50 Split?
It depends on both parties and their resolve for a fair outcome. In general, both parties should aim for a fair outcome instead of an exact 50/50 outcome because of the many variables that are often involved in divorce cases.
However, the good news is that if both parties are willing to address possible problems and actively seek fair solutions to key issues such as child custody and support, they could get as close to 50/50 as possible.
Achieving that may depend on several conditions, such as:
- Each parent's situation
- Willingness to negotiate and compromise
- Commitment to fair resolution and outcomes
If you're particular about a 50/50 split, though, you should talk to our experienced family law and divorce attorneys in New Jersey about your case.
Divorce Settlement Options in New Jersey
New Jersey offers individuals seeking a dissolution of marriage multiple avenues through which they can successfully navigate their problems and achieve their goal of legal separation. These include:
- Arbitration
- Litigation
- Mediation
Most times, an uncontested no-fault divorce case is usually resolved through mediation or arbitration. It all comes down to both parties and their preferences.
Talk to an Uncontested No-Fault Divorce Attorney in New Jersey
Although an uncontested no-fault divorce can seem easy, having legal support from the Family Law Team at the Lento Law Firm makes a lot of difference in the divorce agreements that you eventually end up with.
You'll need to file the divorce paperwork with the courts, provide the necessary documents, and ensure your rights are protected in the process. Some individuals have agreed to unfavorable conditions that they'd otherwise have rejected if they had solid legal support. Yet, if they'd only worked with our experienced family law attorneys, they'd have ended up with more favorable outcomes.
Our Family Law Team is dedicated to obtaining fair child custody, support, and alimony agreements from your uncontested, no-fault divorce case. Let's help you get the outcome you deserve.
Call 888-535-3686 or fill out this contact form to discuss your case today.
