When people have questions about divorce, two topics often end up at or near the top of their lists. Can a divorce avoid the courtroom and will a spouse have to pay alimony? It’s not that these are the most important aspects of a divorce. Surely where there are children involved, you will want to put a lot of thought into their care, but these questions are often the ones that people know the least about. You can avoid court simply by getting an uncontested divorce, but what about alimony? Is there alimony in an uncontested divorce in NJ?
How Does Alimony Work in an Uncontested Divorce in NJ?
Let’s speak briefly about alimony in a traditional divorce first just so you can understand the differences. In a traditional divorce, alimony is decided by the courts. You both, or more appropriately the lawyers that represent you both, will be able to state your cases, and then the courts will decide fair alimony for the two of you if they decide on one at all, as even in this case, alimony is not mandatory.
So how does alimony get decided when there are no courts to worry about in an uncontested divorce? Good question, but the answer is rather simple. You agree to it. That is essentially how an uncontested divorce works. In an uncontested divorce, you and your soon-to-be ex-spouse must agree on all the terms of your divorce, and that includes alimony.
This is often why it is very helpful to have a lawyer present for an uncontested divorce. With a lawyer, you will be able to ensure that your interests are properly represented, especially when it comes to alimony.
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Can Alimony be Waived in an Uncontested Divorce?
In any type of divorce, alimony can be waived. The only thing that has to be true in order for it to be waived in New Jersey is that both parties have to agree to it being waived. This is common in situations where both parties are at least near equal wage earners and the division of assets after the divorce can be fairly equal.
Does Alimony Have to Be a Monthly Payment?
There are some restrictions on alimony, especially when it comes to the duration of payments. However, there is an alternative. You can choose for alimony to be paid as one lump sum. For some couples, this is the cleaner way to handle things as it separates you faster financially, and is especially attractive if one of you has the lump sum ready to pay and you don’t have children in the equation to add things like child support.
Ultimately, every single divorce is different, and finding the right path for the two of you to part ways can be a challenge. But for most, an uncontested divorce will be the best way to ensure that everything is settled fairly, quickly, and affordably. After all, the courts are expensive, take time, and despite their best efforts, they will never be able to dissolve your marriage as well as you and your spouse can if you can at least come to an agreement. If you need legal help with your divorce in New Jersey, then reach out to Carvajal Law today for a free consultation!
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