Judge sitting behind a gavel and a wooden family

Getting a divorce can be a tough and life-changing decision. Many want to consider uncontested divorce to save time, money, and potential heartache. Though not all divorces can be resolved this way, many wonder what effects having kids between you will have on an uncontested divorce in New Jersey. Can you file for an uncontested divorce with children in NJ? Carvajal Law is here to help you with some answers.

How to Qualify for an Uncontested Divorce in New Jersey

Two people shaking hands

Let’s get to the heart of what an uncontested divorce is for a second, as it is there that you will find your child custody answer. If you want an uncontested divorce, you and your soon-to-be ex-spouse will have to agree on all the terms of your divorce, and we do mean all. If there is a sticking point between the two of you on those terms then you will not be able to proceed. In that case, you will have to get a traditional divorce and go through the court system.

Everyone knows that you are not going to agree on anything. You are getting a divorce after all. But an uncontested divorce doesn’t ask you to agree on who should do what housework or if the seat should be up or down. You have to agree on three things: equitable division of assets, alimony, and child custody.

Is New Jersey a 50/50 Divorce State?

How is Child Custody Decided in an Uncontested Divorce

However you want to handle child custody is completely up to the two of you in an uncontested divorce, so long as you both agree to it. If you want to have the kids every week with a full moon and you want to decide on holidays with a coin flip, that’s fine so long as you both agree to it.

Child custody is more than just who has who and when, it also means deciding child support, who will cover medical expenses, and who will claim the child or children as a dependant. In other words, it can get complex and there are a lot of legal considerations to make.

Read More: Can You Renegotiate Child Custody and Child Support in New Jersey?

This is why you should have a lawyer even for an uncontested divorce especially when there are children involved. Remember, you can’t just use your spouse’s lawyer either. You both should have your own lawyer during a divorce to ensure that your best interests are represented. Plus, a lawyer can’t legally defend both sides of a case even if you are going to come to an amicable agreement. If you need help in Northern New Jersey with an uncontested divorce, then you should reach out to Carvajal Law!

Nothing posted on this website is intended, nor should be construed, as legal advice. Blog postings and site content are available for general education purposes only.

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