In New Jersey, there is a mandatory waiting period after a divorce during which an individual cannot enter into another legal marital union. This period ends when a family court judge signs the divorce decree, and the decree is filed with the court clerk. At this point, the divorce is final, and both individuals are free to move forward with remarriage.
To obtain a marriage license in New Jersey, a couple must take the following information to their local registrar:
With the above information, the couple fills out a marriage license application at the local registrar’s office. The application must be signed in the presence of the issuing authority.
When remarrying, it is important to consider how the matrimony will impact standing alimony arrangements. In general, if you are receiving spousal support payments from your ex, that obligation will be terminated as soon as you remarry, or even potentially as soon as you cohabitate.
Remarriage does not directly affect standing child support arrangements between the custodial and noncustodial parents. The new spouse of either is not responsible for providing financially for a child of a previous marriage. However, if the custodial parent remarries, and they have another child, the paying parent can request a modification to the current support order, as the newly blended family’s available income is likely augmented and provides for some of the first child’s needs.
Prenups can provide a level of security for individuals who remarry following divorce, as well as their children. Individuals with children from previous marriages may wish to ensure that those children are protected financially. A prenup provides a space for individual assets from the previous marriage to be explicitly outlined and their beneficiaries, such as children, named. By making clear distinctions about what are individual assets and to whom they belong in divorce, they can’t be pegged as marital assets and subject to equitable distribution in a divorce. Because in a traditional divorce without a prenup all marital assets are divided equitably between partners — and children do not form part of the assets distribution consideration — assets coming from a prior marriage, which a parent may want to remain in the hands of their children from that marriage, need to be clearly itemized and their ownership stated.
New Jersey courts divide marital assets and liabilities acquired during the second marriage equitably, based on various considerations. Assets that belong to an individual and come from a prior marriage are considered premarital, not marital, assets, and thus are not subject to equitable distribution in divorce. Despite this fact, having a prenup can further protect you from having your premarital assets usurped in a second divorce. A family law attorney at our office can also help you protect your hard-earned assets during the marriage with a prenuptial agreement.
Our accomplished family law attorneys at Montanari Law Group are prepared to provide you with legal counsel and support in all stages of your divorce and remarriage journey. The lawyers at our office have successfully represented clients across Verona, Fort Lee, Montclair, Wyckoff, Caldwell, Woodland Park, Paramus, and throughout Passaic County and Northern New Jersey in matters involving divorce, prenuptial agreements, child support, spousal support, remarriage, and more. Contact us today at (973) 233-4396 for a free consultation to discuss your individual needs as you move on to the next chapter of your life.