Real Costs of a So-Called Cheap Divorce in New Jersey

In this day and age, the promise of what is billed as a “cheap divorce in New Jersey” inundates the internet. These promos include ads that claim they can dissolve your marriage for as little as $99 by providing what they call “New Jersey court-approved forms.” For many, especially those already struggling financially, it seems like an attractive option when faced with the prospect of ending a marriage. 

You must keep in mind that divorce is not just another online transaction. A New Jersey marriage dissolution proceeding is a legal process that redefines property rights, financial obligations, and, in many cases, parental responsibilities. The stark reality is that in New Jersey, even so-called “uncontested divorces” must comply with detailed procedural and substantive requirements set forth in New Jersey statutes and related court rules. Cutting corners might save some money upfront. However, these budget divorce forms can create serious problems later on. And these problems oftentimes cost far more to fix than the reasonable expense associated with doing it right the first time.

Financial Pitfalls Hidden in the Fine Print

Online document services promising cheap divorce in New Jersey oftentimes claim to generate state-specific forms. The reality is that these computer-generated templates simply cannot ensure compliance with New Jersey’s marriage dissolution laws, including those associated with the equitable distribution or assets and debts. For example, marital property must be divided fairly, but not necessarily equally. A “cheap,” fill-in-the-blank template cannot account for nuances associated with your divorce, including the equitable division of your assets and the debts.

By way of further example, pensions, retirement accounts, and deferred compensation plans can require separate, additional orders and other documentation to achieve legally acceptable division and distribution in a New Jersey divorce case. If these are omitted or drafted incorrectly, a spouse may permanently lose access to retirement benefits they otherwise would be entitled. Debt division is another common oversight when obtaining templates from a virtual document farm. For example, creditors in New Jersey are not bound by divorce judgments. If a divorce decree lacks precise indemnification language, one spouse can be held liable for the other’s debts. And this liability can attach years after the end of a New Jersey marriage in some instances.

Parenting Plan Problems

When children are involved, the dangers associated with a so-called “cheap divorce in New Jersey” provided through an online document purveyor multiply – and sometimes exponentially so. For example, New Jersey requires parents to submit what is known as a Parenting Plan. The Parenting Plan addresses such matters as:

• Legal custody
• Physical custody
• Parenting time
• Other crucial matters

Generic online forms often fail to meet these standards or ignore the “best interests of the child” factors under New Jersey law in their entirety. 

In the end, what seems like a simple agreement can lead to years of conflict if key issues are not appropriately addressed. These include such matters as:

• Relocation
• Medical care
  Education
• Religion

Courts enforce what is written in a Parenting Plan and not what was intended. Parents who rely on online templates often find themselves back in court seeking costly modifications to a template that may have initially been obtained on the cheap and, frankly, somewhat on the fly.

Expensive Aftermath of a “Cheap” Divorce

A cheap divorce in New Jersey, relying on templates generated from an online source, can become the most expensive kind of marriage dissolution once the types of consequences discussed moment ago (and others) surface. In the end, it is commonplace for clients to seek legal help months or even years later to correct errors and deficiencies in self-prepared documents.

Unfortunately, once a final divorce decree is entered in a marriage dissolution case, New Jersey courts are reluctant to reopen it unless there’s clear evidence of fraud, duress, or a fundamental legal mistake. The fact is that this can prove to be a highly complex process involving multiple hearings and thousands of dollars in additional legal fees. In other words, a so-called cheap divorce becomes anything but. 

Divorce is a legal process with significant lifelong consequences. These outcomes simply cannot be left to a document download. Retaining experienced legal representation, even for limited services, puts you in the best position to ensure that your divorce is reasonably affordable but also appropriately undertaken in the first instance. If you have questions concerning divorce, call us at  (201) 845-7400 for a free consultation.