Myth 1: Mothers Always Get Custody
Many people believe that courts favor mothers in custody cases. In reality, New Jersey judges focus on the child’s best interests—regardless of gender. If custody issues arise, knowing your rights can make a difference. You can learn more in our post on custody violations.Myth 2: You Must Prove Fault to Get Divorced
That’s no longer true. Today, New Jersey allows couples to file for divorce based on irreconcilable differences. Because of this, most divorces proceed without blaming one party. Read more about this at Nolo’s no-fault divorce guide.Myth 3: Divorce Always Ends Up in Court
That’s not usually the case. In fact, most divorces settle out of court through mediation or negotiation. At Rickards Law, we regularly help clients resolve matters without trial. For more, see our article on divorce mediation.Myth 4: The Breadwinner Always Pays Alimony
Not necessarily. Courts examine factors such as earning potential, need, and the couple’s lifestyle—not just income. Because every case is unique, spousal support isn’t automatic. You can read more about alimony at the ABA’s resource center.Myth 5: Assets Are Split 50/50
That’s another misconception. New Jersey follows “equitable distribution,” which focuses on fairness rather than strict equality. For example, one spouse may keep a larger share of retirement assets if the other receives more equity in the home. To understand how this works, visit DivorceNet’s NJ property division guide.Final Thoughts: Know the Facts About Divorce Myths in New Jersey
While myths can cloud your thinking, facts bring clarity. By understanding the truth about divorce myths in New Jersey, you can make informed decisions and avoid unnecessary complications. If you’re unsure what to believe, reach out—we’re here to guide you with honesty and expertise. Book a Consultation with Our Divorce Team Today
Understanding the Significance of Passive and Active Gains in a New Jersey Divorce
One of the issues that arises in a lot of divorces is that the value of assets usually changes during the course of the divorce process. When this happens, the courts look to whether those assets have experienced passive or active gains or losses when deciding how much each party…
What is a Nesting Agreement in a New Jersey Divorce?
Nesting agreements are a relatively new concept in New Jersey divorce law, and perhaps because of that, they are often misunderstood. This video explains what a nesting agreement is and is not, and its benefits and limitations. What follows is a transcript of the above video: “Hey, everybody. I hope…
Divorce Arbitration in New Jersey Explained
Arbitrations and mediations are two similar, but often confused concepts. Whereas a mediation is a collaborative effort designed to encourage settlement, an arbitration is basically a trial, where a neutral third-party will determine the outcome based on the evidence presented. Unlike a typical trial, however, you can choose the judge,…
Divorce Mediation in New Jersey Explained
Mediation is a method of resolving a divorce in New Jersey that is less acrimonious and painful than a trial, and is much less expensive and time-consuming. Unlike an arbitration, which is basically a more informal trial where a neutral third-party decides the outcome, the purpose of a mediation is…
What is an Uncontested Divorce in New Jersey?
What is an Uncontested Divorce in New Jersey? There seems to be a lot of confusion about what is and is not an “uncontested” divorce. The following video explains the difference between a contested and uncontested divorce in New Jersey. The transcript of the video is below. Hi everybody. I…
How to Divorce Someone You Can’t Find (Especially if They’re in Another Country)
Believe it or not, one of the more common problems divorce litigants have is just finding the person they’re trying to divorce, so that they can be served with the divorce paperwork. This is especially so in central New Jersey (in particular Middlesex County), where we have a large immigrant…
Misconceptions About Pre-Marital Assets in New Jersey Divorce Law
In this video, attorney Jordan Rickards dispels some of the myths about pre-marital assets under New Jersey divorce law, in particular as relates to houses purchased prior to a marriage, and financial assets brought into a marriage. The following is a transcript of the above video: Hey guys, Jordan here.…
What Does a Divorce Cost in New Jersey?
The following is a transcript of the above-video, discussing the cost of a divorce in New Jersey. Hi everybody. My name is Jordan Rickards. I’m a divorce attorney here in central New Jersey. I just want to do a quick video answering a very common question, which is “how much…
Ending or reducing alimony in New Jersey
Reducing or ending an alimony obligation in New Jersey is a complex endeavor. The above-video, and the transcript of it below, cover the basic standard used to reduce or eliminate alimony, and goes through the four most basic scenarios in which this is used: when an ex-partner remarries; when he…
An Overview of the Divorce Process in New Jersey
In this video, divorce attorney Jordan Rickards gives a basic overview of the divorce process in New Jersey, from the filing of the complaint, through the case management conference, the early settlement panel, economic mediation, the intensive settlement conference, and the trial process. He also discusses basic discovery procedures, such…
Alimony law in New Jersey, an overview
Alimony law in New Jersey is a complex, confusing, and emotional subject. The above video provides a general overview of the topic, the five types of alimony and their purposes, tax consequences, what factors into the amount and duration of the alimony, and touches briefly on the circumstances under…
Prenuptial Agreements in New Jersey Explained
Prenuptial agreements, also called “antenuptial” and “pre-marital” agreements, are complex arrangements with many intricacies and requirements. This video provides a brief overview of the law governing prenuptial agreements in New Jersey: what a prenuptial agreement can do, what it cannot do, what the requirements are, and how they can be…
