Debunking the Top Myths About Divorce in New Jersey

By Lois G. Schwartz | May 23, 2023


Divorce is a challenging and emotionally charged process that many individuals go through at some point in their lives. However, there are a lot of myths and misconceptions surrounding it that can mislead and confuse those involved. In this article, we aim to debunk the top myths about divorce in New Jersey, providing accurate and helpful information for individuals considering or going through a divorce. 

Myth 1: The Mother Always Gets Custody of the Children.

One of the most prevalent myths surrounding divorce is the assumption that mothers automatically receive custody of their children. In reality, New Jersey family courts make child custody decisions based on the best interests of the child, taking into account various factors such as the child’s relationship with each parent, their primary caretaker, and the parents’ ability to provide a stable environment. Gender is not a determining factor in custody decisions, and both parents have an equal opportunity to seek custody or visitation rights.

Myth 2: Adultery Affects Property Division.

Another common misconception is that infidelity automatically entitles the faithful spouse to a larger share of marital assets. New Jersey follows the principle of equitable distribution, which means that marital property is divided fairly but not necessarily equally. Adultery is not considered when dividing property unless it has a direct impact on the financial circumstances of the marriage, such as the unfaithful spouse spending substantial marital assets on the affair.

Myth 3: Collaborative Divorce Is Not an Option.

Many people believe that divorce is always a contentious process, involving courtroom battles and acrimonious disputes. However, collaborative divorce is a viable alternative that allows couples to resolve their issues amicably. In a collaborative divorce, both parties work with their respective attorneys and other professionals to negotiate a mutually acceptable settlement. This approach promotes open communication and can be particularly beneficial when children are involved.

Myth 4: Child Support Ends at 18.

Contrary to popular belief, child support in New Jersey does not automatically terminate when a child turns 18. The court may extend child support if the child is still in high school, attending college, or has special needs. Additionally, child support may continue if both parents agree or if there are specific circumstances that warrant it. It is essential to consult with an experienced attorney to understand the specific child support guidelines and factors that apply in your case.

Myth 5: Divorce Always Goes to Trial.

While some divorces do proceed to trial, the majority are resolved through negotiation, mediation, or collaborative methods. Going to trial is often seen as a last resort when all other avenues have been exhausted. Courts encourage parties to seek alternative dispute resolution methods to save time, reduce costs, and reduce the emotional toll on the parties involved.

Myth 6: Property Is Always Split 50/50 in Divorce.

Contrary to popular belief, New Jersey is an equitable distribution state rather than a community property state. This means that marital assets are not automatically divided equally. Instead, the court aims to divide property fairly, considering various factors such as the length of the marriage, each spouse’s contributions, and their future financial prospects. While a 50/50 split is common in many cases, it’s not a guarantee. The goal is to achieve a fair outcome based on individual circumstances.

Myth 7: Mediation Is Always Successful and Saves Money.

Mediation is often portrayed as a universal solution that resolves all divorce issues while saving time and money. While mediation can be a highly effective method for many couples, it’s not suitable for every situation. Cases involving high conflict or power imbalances may require the involvement of attorneys and court proceedings. Moreover, the cost savings associated with mediation depend on the complexity of the case and the willingness of both parties to cooperate. Consulting with an experienced family law attorney can help determine the most appropriate approach for your specific circumstances.

Myth 8: Divorce will ruin your financial future.

Fact: While divorce can have financial implications, it does not inevitably mean financial ruin. New Jersey courts strive for an equitable distribution of marital assets, ensuring a fair division between spouses. Additionally, spousal support or alimony may be awarded if deemed necessary. Seeking professional guidance from an experienced family law attorney like Lois Garber Schwartz, Esq., can help you secure your financial future during and after your divorce.

Contact Lois Garber Schwartz, Esq. Today to Schedule a Confidential Consultation About Your Divorce Case

When facing the complexities of divorce in New Jersey, having the right legal representation is paramount to protecting your interests and ensuring a fair resolution. Lois Garber Schwartz, Esq. understands the unique challenges individuals face during this sensitive time.

With years of experience in family law, Lois Garber Schwartz, Esq., is committed to providing personalized, compassionate, and results-driven legal representation. She is well-versed in New Jersey divorce laws and equipped with the knowledge and skills to debunk common myths, guide you through the process, and advocate for your rights.

Whether you’re concerned about child custody, property division, or spousal support, our firm offers comprehensive legal services tailored to your specific needs. Attorney Schwartz uses open communication, transparency, and strategic thinking to help you achieve the best possible outcome.

She understands that every divorce situation is unique, and explores alternative methods such as negotiation, mediation, and collaborative divorce to promote amicable resolutions whenever possible. She will prioritize your well-being and strive to minimize the emotional and financial toll associated with divorce.

When you choose Lois Garber Schwartz, Esq., as your legal representative, you gain a trusted advocate who will fight for your rights, provide clear guidance, and navigate the legal intricacies on your behalf. She is dedicated to empowering clients with the knowledge they need to make informed decisions and move forward with confidence. If you are seeking experienced and compassionate legal representation for your divorce in New Jersey, contact Lois Garber Schwartz, Esq. today.

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    Lois Garber Schwartz

    1040 Kings Highway N., Suite 202

    Cherry Hill, NJ 08034


    Phone: 856-375-8989

    Fax: 856-482-0343