Remarriage: What Divorced NJ Residents Need to Know
Now that you’re divorced, you are free to continue your life authentically, aligned with your best interests and that of your children. You may have even entered into a healthier romantic relationship. While remarrying after divorce is a choice many New Jerseyans make, the process can include emotional and legal complexities. If you are considering remarrying after divorce in New Jersey, contact the skilled attorneys at Montanari Law Group at (973) 233-4396 for a free consultation to discuss a smooth path forward. The following discusses the procedure for obtaining a remarriage license, as well as things to keep in mind as you embark on your new adventure in partnership.
New Jersey Law on Remarriage After Divorce
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.
Essential Documents for Obtaining Your NJ Marriage License to Remarry
To obtain a marriage license in New Jersey, a couple must take the following information to their local registrar:
- Proof of identity, such as a driver’s license
- Proof of New Jersey residency of at least one of the marrying individuals
- Social Security number
- One adult witness (at least 18 years old)
- $28 application fee
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.
The Impact of Remarriage on Spousal Support in New Jersey
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.
Child Support: Rules to Consider After Remarriage
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.
Consider Future Financial Protection Before Remarrying in NJ
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.
Second Marriages & Step-Parenting: Respecting Your Co-Parent & Child
Remarriage, especially when children are involved, can be a difficult transition for everyone involved, especially children from the previous marriage, and even one’s ex. When beginning to include a new spouse in the upbringing of your child from a previous marriage, make sure to respect your co-parent and include them in the process. Discuss how you wish for your spouse to be involved in decision-making, discipline, and other areas of parenting. Get your ex’s feedback and, if possible, their blessing. If appropriate, include your ex in a couple of family gatherings so that your child senses that everyone is on the same team, and all are aligned in love and support for them. Speak to your child individually, with your co-parent, and with your new spouse to get clear on roles. Reassure them that their parents are still their parents, and your new spouse is a bonus who also wants what is best for them but is not taking anyone’s place.
Discuss the Legal Aspects of Remarrying after Divorce with a Caldwell Family Lawyer
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.
