When couples in New Jersey decide to go the uncontested divorce route, there are no dramatic courtroom scenes or bitter fights. It is two adults agreeing to go their separate ways.
Even when both spouses are on the same page, New Jersey’s divorce process has a few hurdles. And if you are not careful, a tiny mistake can snowball into delays or added costs for this easy option.
Here are a few common mistakes couples make when filing an uncontested divorce in NJ.
Not Being on the Same Page
An uncontested divorce in NJ requires a complete agreement on everything. That includes:
- Child custody
- Parenting time
- Child support
- Property division
- Spousal support
- Debts
If there is one unresolved disagreement simmering under the surface, the case cannot move forward as uncontested. Some couples get halfway through the paperwork only to realize they are not actually aligned on the details. That can lead to delays and frustration. Along with that, these disagreements can throw the whole process out the window.
Forgetting a Financial Disclosure
New Jersey expects both spouses to provide full, accurate financial information, even in an uncontested divorce. That means sharing information about:
- Income
- Bank accounts
- Retirement savings
- Credit card debt
- Mortgages
- Car loans
Being vague or leaving things out can derail the agreement. If a spouse discovers hidden assets after the divorce is finalized, the entire settlement can be reopened.
Not Checking the Requirements
The New Jersey family court has rules, procedures, and very specific documents that must be filed the right way, in the correct order, and at the proper courthouse. If you miss a signature or skip certification, it can send your whole packet back. A few paperwork slip-ups include:
- Forgetting the Case Information Statement
- Filing the wrong version of a form
- Leaving blank sections where the court expects details
- Not including the filing fee or requesting a fee waiver properly
Not Accounting for New Jersey’s Child Support Guidelines
Sometimes, couples try to create their own child support arrangement or may think that they’ll figure it out later. The state of New Jersey says: absolutely not.
Judges expect child support numbers to align with the NJ Child Support Guidelines unless there is a good reason to deviate. Failing to follow the guidelines can cause the divorce to stall until the court gets numbers that comply with state law.
Overlooking How Property Division Works
New Jersey uses equitable distribution. That does not always mean a perfect 50/50 split, but it means fair. However, what feels fair to each spouse personally is not what the law considers equitable.
Some mistakes can include:
- Divide property based on emotion instead of value
- Forget to address retirement accounts
- Skip the steps required to split a pension or 401(k)
- Assume debt always follows the person whose name is on it
If a couple agrees on something uneven or legally problematic, a judge can refuse to approve the settlement. In turn, that leads to more delays.
Rushing Through the Settlement Agreement
Some couples are in a hurry to wrap things up and move on with life. But the settlement agreement is the backbone of an uncontested divorce in NJ. If it is vague or incomplete, future conflicts are guaranteed. Clarity now prevents legal battles down the road.
Forgetting That Court Approval Is Still Required
Even if everything is perfect and agreed upon, New Jersey judges still have to review the settlement to make sure it is lawful, fair, and in the children’s best interests.
Some couples think an uncontested divorce is a rubber-stamp situation. Unfortunately, that is not the case. If something looks off, the judge can request changes before granting the divorce.
Don’t Make These Mistakes for Your Uncontested Divorce
These are a few common mistakes couples make when filing an uncontested divorce in NJ. These processes can be smooth, affordable, and drama-free, but only if the details are handled carefully. A little extra attention up front means the divorce can stay “uncontested.”
If you are ready to take the next step with your divorce or want to know your options, you need a New Jersey divorce attorney. At Carvajal Law, we are ready to help. Reach out today to schedule a consultation.