Can I get divorced based on an agreement I found on the internet?

In New Jersey, Courts will not rule on the merits of a parties’ agreement beyond making sure that certain procedural elements are met.  Thus, it is technically possible to get divorced based on an agreement found on the internet.  The better question is: should you?  Having to go back to court to address an incomplete or badly drafted agreement can be extremely costly. By trying to save money on attorneys, parties can very easily enter into agreements that are not in their interests, waiving important rights to support or a fair division of assets. 

The problems begin with the fact many forms on the internet are not specific to New Jersey and are thus extremely generic or, worse yet, written for divorcing couples in a different State altogether.  The forms found on the internet tend to be to be “one size fits all” and have none of the nuance needed for litigants with significant assets.  Since internet forms are not being drafted by an attorney, and are not constructed based on any particular information about your case, they almost always utilize broad waivers.  It is common for these forms to state that each party will keep their own assets and debt, and shall waive any claim for alimony or child support.  Such waivers for child support are unenforceable as against the public policy of New Jersey and immediately jeopardize the validity of the agreement.  Waivers of alimony and for a fair division of assets may be enforceable, but may not be in your interests. 

Agreements on the internet that purport to settle custody and parenting time issues almost never have the type of specific and thoughtfully language tailored to the needs of your family.  In the case of young children, a custody agreement needs to be built with an eye to the future.  Generic language and vague non-specific terms are often unhelpful and only cause future conflicts down the road.  By investing time and effort at the beginning to customize an agreement for your family, many future problems can be anticipated and avoided. 

Finally, even in relatively simple cases without children, internet forms rarely have appropriate language with respect to tax filings, refinancing a property, or dividing retirement assets.  These are issues that an experienced family law attorney can deal with quickly and efficiently, but which do not lend themselves to template agreements found on the internet.

Finally, many template forms found on the internet try to be as simple and easy to understand as possible.  While this is a commendable goal, some of the legal “jargon” found in agreements drafted by attorneys can be incredibly important.  Documents found on the internet almost always remove this type of language, or else include some version without providing any guidance for users to understand these sections. 

Attorneys provide valuable insight into whether an agreement is fair, protects your interests, and accomplishes your goals.  They ensure any agreement is drafted correctly and will be helpful to you today and enforceable in the future.  The attorneys at Maleski, Eisenhut & Zielinski LLC are happy to consult with you about all issues relating to your divorce.  They can provide simple, straightforward and cost effective solutions, especially when both parties have come to a general agreement as to major terms of their divorce.  They are also happy to review any agreement you may have found online and are considering signing and can suggest ways it could be adjusted or improved.  You have the right to consult with an attorney prior to signing any agreement, and should take advantage of the knowledge and expertise of a family law attorney before signing something so important as a divorce agreement.