Ocean Township Legal Issues Blog

Statistics show that New Jersey adults who are 50 and older are divorcing at higher rates. Since 1990, the rate of divorce in this age group has doubled. For the 65 and over age group, it has tripled.

While some researchers have wondered if the strain of retirement or empty nest syndrome leads to divorce in this age group, studies indicate that there is little correlation between these events and separation. Instead, older people seek a divorce because they are unhappy in their marriages and feel unfulfilled just as younger people do. It's important to note that second marriages are more likely to end in divorce than first marriages. Furthermore, children of divorce are more prone to divorces; there's a 60 percent higher chance for women with divorced parents and a 35 percent higher chance for men.

Divorce has become increasingly common for married couples in New Jersey and in other states compared to decades ago. Researchers who analyzed divorce statistics have reported that divorce is more common for individuals with close friends or family members who recently filed for divorce.

Researchers at Harvard, Brown University and the University of California at San Diego found that subjects with a friend who recently got divorced were 75 percent more likely to become divorced. Subjects with a friend of a friend who recently got divorced were 33 percent more likely to get divorced.

It can be particularly important for single, separated or divorced parents in New Jersey to understand the child support system. When parents first enter the system and begin dealing with child support, they may find it confusing or even overwhelming. Each August marks Child Support Awareness Month, an initiative designed to draw attention to the financial support provided by noncustodial parents.

A child support determination is made after the parent-child relationship is officially established. Maternity can be proven through the records of childbirth while paternity can be demonstrated in a number of ways. If the child was born during the parents' marriage, the husband is assumed to be the father. When the parents are unmarried, an acknowledgment of paternity form can be signed by the father at the child's birth or any later time. In some cases, paternity may be in doubt or dispute. In these situations, parents may request DNA testing to conclusively prove the child's parentage. After a DNA test, an official order of paternity may be issued.

An increasing number of couples in New Jersey are choosing to divorce later in life. Statistics show that while the divorce rate has remained flat or even declined for most American demographics, people older than 50 are an exception. The divorce rate has gone up two times over for this group in the past 20 years, according to the Pew Research Center. There can be major differences when people decide to divorce at an older age. Issues like child custody and support are unlikely to be a concern. However, financial issues and the division of retirement funds are more likely to be serious issues in a "gray divorce."

It should be noted that many couples who decide to divorce after a long marriage might reach a more amicable resolution. Even in these cases, however, people in lengthy marriages can accumulate significant assets, and distributing them can be complex and even contentious. Even when both parties have reached a clear agreement on how to divide their retirement accounts and other investment funds, there are clear rules that must be followed in order to avoid an unnecessary and costly burden in the form of taxes, fees and penalties.