Divorce FAQ

Divorce:
  1. When might a collaborative divorce process be terminated?
  2. What is the difference between a fault based and no-fault divorce?
  3. What factors determine the cost of a divorce mediation session?
Divorce Agreements:
  1. Why might a couple go back to court for a post-judgment modification or enforcement of divorce agreements?
  2. What is the difference between a Prenuptial Agreement, Mid-Marriage Agreement and Cohabitation Agreement?
When might a collaborative divorce process be terminated?

In New Jersey, divorcing couples can terminate the collaborative divorce process by giving notice to the other party. Other options can be initiating a court proceeding or once a restraining order has been issued against either party.

Some common examples of when the process will terminate include when:

  1. A party gives notice to the other party of termination;
  2. A party initiates a court proceeding related to the family law dispute;
  3. Either party obtains a restraining order against the other;
  4. A party discharges his or her lawyer, or the lawyer ceases representation; or
  5. A party fails to provide information necessary to resolve the dispute.

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What is the difference between a fault based and no-fault divorce?
In New Jersey, fault-based divorce requires require proof be shown that one spouse caused the marriage to breakdown, while no-fault divorce does not require parties to present proof of responsibility.
  1. A fault-based divorce requires proof of each element of the cause of action to establish that the other spouse brought about the breakdown of the marriage. Consequently, fault-based divorces typically involve more extended legal proceedings
  2. A no-fault divorce is more common, in which the parties need not present any proof or evidence that either spouse was responsible for causing the marriage to end. The marriage is dissolved based on grounds of separation or irreconcilable differences.

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What factors determine the cost of a divorce mediation session?

The main factors in determining the cost of a divorce through mediation is the complexity of parenting and financial issues related to the marriage.

  1. The divorce mediator is paid on an hourly basis. Sessions are usually scheduled for two hours, but the length of any session can be tailored to the parties’ schedules. The number of hours needed to achieve a resolution will depend on the complexity of the parenting and financial issues involved.

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Why might a couple go back to court for a post-judgment modification or enforcement of divorce agreements?

Parties can seek a post-judgment modification to an existing divorce agreement in New Jersey because of changes in child custody, the loss of employment, expenses related to college education or the emancipation of a child.

  1. There are a wide range of reasons why a party would need to return to Court but the most common are:
    1. Changes in Child Custody or Timesharing Agreement;
    2. Enforcement of the Divorce Agreement;
    3. Modification or termination of support;
    4. Payment of children's college education expenses and;
    5. Emancipation of a child.

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What is the difference between a Prenuptial Agreement, Mid-Marriage Agreement and Cohabitation Agreement?

In New Jersey, a prenuptial agreement is executed prior to marriage while mid-marriage agreements typically are created when spouses are contemplating divorce. Cohabitation agreements are designed to be used by unmarried couples who live together.

  1. A prenuptial agreement is a written contract executed prior to and in consideration of the spouses’ marriage or civil union, and it becomes effective as soon as the parties are legally married.
  2. A mid-marriage agreement, refers to a written contract made between two spouses during their marriage. These agreements generally arise when the spouses are separating or contemplating divorce.
  3. Cohabitation agreements are designed for unmarried couples living together.

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