How do I say this politely...... the key to an uncontested divorce is a formal written agreement that not only addresses the issues outstanding but also lays out how to handle disputes in the future over issues that may come up. As an example, presuming you have a child that is contemplating college or trade school, how are you & your ex handle the payment of the SAT/ACT prep course[s] (payment), the college / trade school selection process & which schools to consider, how to pay for that school & the ancillary costs. What if your income setting is different than your ex's at that time, what is the mechanism to determine who pays what percentage of those costs? Does your child have an obligation to apply for all loans available & what percentage (if any) of the college / trade school costs are to be paid for by your child? These are simple type items that should be in your agreement, so you & your ex do not fight at the time over them & end up in court spending money when its needed most. Similarly, once a child turns 17, he /she needs to be added to your auto insurance policy or her policy & there will be an expense - is that expense being shared in a ratio between your respective income settings or is one person paying for it? These are simple everyday type items that people end up fighting over & if the agreement does not spell out how to handle them. 35 years of handling divorce & family law matters has taught me that all of these issues are better to be dealt with now in a formal agreement then thinking that you & she will be cooperative & work it out later.
Believe it or not but about 60% of all applications to the family courts are for post-divorce issues because their settlement agreements failed to properly address the issue. My suggestion is that you meet with a "Certified Matrimonial Trial Lawyer by the NJ Supreme Court" since that certification is the only way to truly know if a lawyer has specific family law training & experience. If you would like to schedule a consultation with one of the partners in Diamond & Diamond to discuss your matter & to see if we can be of assistance to you in finalizing your divorce, please call Angela at 973-379-9292 (Millburn Office) or at 609-248-9595 ( Ocean County office).
Answered on Mar 09th, 2021 at 7:10 AM