New Jersey Family Law Blog

Grandparents’ Rights Are Not Automatic

May 7, 2026 | Kearns Rotolo Law

When the core of a nuclear family changes, either through divorce, death, or other means, it is not only the parents and child who face major adjustments, but also the extended family, including grandparents. Grandparents may have many privileges, but they have no automatic rights when it comes to visitation or custody of their grandchildren. In other words, the surviving or custodial parent or legal guardian can grant or deny grandparents contact with their grandchildren.

When relationships between parents and grandparents become contentious and the latter are denied access to their grandchildren, they can petition the court for visitation rights. The onus, however, is on the grandparents to prove that visitation with their grandchild is in that child’s best interest.

In New Jersey, courts seek to balance the constitutional right of parents to raise their children without governmental interference with the best interests of the child. In doing this, courts will look at the following when considering a grandparent’s petition for visitation:

The Difference Between Uncontested and Contested Divorce

April 9, 2026 | Kearns Rotolo Law

Divorces can be uncontested or contested. The differences between the two can impact your timeline, cost, and control of the outcome.

Uncontested Divorce

In an uncontested divorce, both parties agree on all related issues, such as custody and parenting time, child and spousal support, and distribution of assets. The process requires the filing of a written settlement, known as a property settlement agreement or marital settlement agreement, signed by both parties.

Modifying Your Child Support Order

March 16, 2026 | Kearns Rotolo Law

Typically, child support is determined in conjunction with the end of the parents’ relationship. A mathematical formula under the New Jersey Child Support Guidelines is used to calculate the amount of the support obligation, taking into account such factors as each parent’s income, the basic cost related to raising the child or children, and the amount of parenting time each has with their offspring. Over time, however, circumstances change and so can support obligations.

Child support is a court-ordered obligation and commonly enforced through payroll withholdings. These orders are reviewed every two years by the NJ Probation Department and can be adjusted at that time to meet cost of living changes. Additional adjustments can be requested by either parent when there is a substantial permanent change in circumstances that would affect the need of the receiving parent or the ability of the paying parent to meet their obligation. Examples of circumstances that could warrant a change in child support orders include:

the loss of a parent’s job

Child Support in New Jersey: How Parents’ Financial Obligations Are Determined

February 11, 2026 | Kearns Rotolo Law

Parents’ financial obligations to their children don’t end simply because they separate. Child support is designed to ensure the essential expenses—food, clothing, housing, transportation—of raising children continue to be met. Additional expenses, like health insurance premiums, extraordinary medical care, and work-related childcare, may also be included, if needed. Determining each parent’s share of these obligations is based on several factors: income, parenting time, number and ages of children.

How Income and Parenting Time Play A Role

The percentage each parent contributes to the family’s combined net income is a major consideration when calculating child support. For example, if one parent earns 40% of the combined income and the other earns 60%, their individual child support obligation would be impacted by this. One parent’s receipt of alimony from the other parent would require adjustment of these percentages. Be aware, though, that a parent who is unemployed or under-employed by choice is not exempt from their child support obligation; rather their share of this obligation can be based on their potential earning capacity.

What Are the Alternatives When Divorce Is Not Yet the Answer?

January 12, 2026 | Kearns Rotolo Law

Divorce is the legal termination of a marriage and because it is final, it is not the answer for every couple facing marital strife. At least not the immediate answer. Instead, what some couples need is a cooling off period—some time when they can step back and assess whether their marriage is one that can be saved and, if so, how to go about doing that.

There are several reasons why a couple might hesitate to file for divorce:

They are worried about how it will impact the children

What Is ‘Default Parent Syndrome’ and Why Does It Lead to Divorce?

October 21, 2025 | Kearns Rotolo Law

“Default Parent Syndrome” happens when one parent takes on the role of primary caregiver and household manager. Often, this role goes beyond everyday chores, like packing lunches and checking homework, to anticipating everyone’s needs before those needs even arise. At this point, the role that can become overwhelming and lead to the breakdown of relationships.

Today there seems to be an increase in ‘default parent divorce’ spurred, in part, by the fact that many mothers – the typical ‘default parent’ – now try to balance this role with their careers. The financial independence they’ve achieved through their careers opens more options for them. But divorce doesn’t have to be the answer. To learn more about ‘default parent syndrome,’ how it can damage relationships between partners, and what can be done to fix that damage, read “’Default Parent Divorce’ Is On The Rise – & It’s About A Lot More Than Chores.”

Helping Kids Avoid Unhealthy Reactions to Your Divorce

September 19, 2025 | Kearns Rotolo Law

Children obviously experience emotional reactions to their parents’ divorce. Oftentimes, these reactions develop into harmful narratives that children internalize or project on others. These reactions can range from clinging to false hope of a reconciliation between their parents to blaming themselves for the breakup of the marriage.

Despite worrying about the effects it might have on the children, divorce is the only option for some couples. To help their children accept divorce in a healthier way, parents need to truly understand what their children are feeling. For a look at four common reactions children may have to divorce, and how parents can change those reactions from harmful to healthy, read “4 Common Ways Kids Experience Parental Divorce or Breakup.”

Why You Should Revisit Your Custody Agreement

August 20, 2025 | Kearns Rotolo Law

Divorce is stressful for the entire family and parents will often go out of their way so as not to subject their children to any more stress. As a result, children in most cases are shielded from decisions about what life will look like for them once their parents part ways rather than included in these decisions. And, although custody agreements generally put the child’s best interests first, those interests change as children grow.

Infant and toddler needs are very different from the needs of middle schoolers and teenagers. Rigid parenting plans fail to take that into consideration and end up leaving children feeling helpless. Parents can help avoid this. To learn how read, “Custody Schedules Should Change With the Needs of Children.”

Separate vs. Marital Property: How the Difference Affects Distribution of Assets

July 2, 2025 | Kearns Rotolo Law

Happily married couples may be fine living under the premise “what’s mine is yours and what’s yours is mine.” When marriages fail, though, distinguishing between separate property and marital property becomes important.

Although divorce laws vary by state, in most instances property acquired by one partner prior to their marriage is considered separate property. Assets acquired after the marriage, especially with comingled finances, are considered marital property. But it isn’t always cut and dry. There are circumstances under which separate property can become marital property, and this can affect the distribution of assets whether you live in a community property state like California or an equitable distribution state like New Jersey. To learn more about separate vs. marital property and how one can turn into the other read, “I bought my house before I got married. …”

All About Prenups: The Facts and The Misconceptions

June 4, 2025 | Kearns Rotolo Law

June is one of the three most popular months for weddings. While most couples spend months planning for their special day and their life beyond, there is one practical tool that frequently gets overlooked – the prenup.

Prenuptial agreements can be very sensitive matters. After all, no one wants to think about divorce when planning their wedding, making prenups the least romantic of all wedding planning topics. For some people, prenups are a consideration only for the wealthy, or worse, a sign of mistrust. Others view these agreements as a necessity for protecting each partner’s personal assets. Whatever your opinion, it’s helpful to fully understand the ins and outs of these contracts before deciding whether they make sense for you. To learn more about prenuptial agreements, common myths pertaining to these contracts, and how to broach this sensitive topic with your partner, read “The ultimate guide to prenuptial agreements: Benefits, myths and tips.”