Being parents is one of the most challenging new experiences that we take on as adults. In addition to the responsibility of raising our kids, we also have to keep an eye out for their development, medical issues, nutritional needs, and education. For those not affected by autism, the road ahead may be long and difficult, but ultimately rewarding. However, for those who are no strangers to how harsh life can really get, the road can very quickly turn into a treacherous path full of obstacles. For those of you who haven’t seen it yet, this article by North Dade Law is a great primer on the legal aspects of separation in New Jersey.
The article first tackles some of the fundamental question regarding NJ separation laws for our readers who may not be aware of what this law is and why it matters. Simply put, NJ separation laws help define the legal process one must follow when separating from your spouse in NJ. When working with families who have autistic members, understanding and working out the details of this law becomes especially critical because open communication between each family member can be difficult at times and requires someone with enough authority to enforce decisions.
For instance, a common question that parents with autistic children ask is how NJ separation laws affect the financial obligations necessary to care for their special needs child. Within the state of New Jersey, the law outlines exactly how assets and property rights should be divided following a separation or divorce. The terms of NJ separation laws, which are rooted in fairness, require that the assets are divided in an equal manner unless there are demonstrated reasons that certain terms are unfair to one party.
However, since there are so many unique factors, such as special needs children, which can influence the outcome of a separation, the only way to truly find the terms that work best is through an agreement between the affected parties. If the parents are able to agree upon a fair outcome, which will truly be in the best interest of the child, then they may submit this agreement to the New Jersey family court.
At this point, the court will assign a judge to review the proposed terms and determine whether it is reasonable to approve them. If the terms are approved, then it is legally binding and the parents must implement the proposed separation plan immediately. If not, then the parents must decide how to proceed.
As you tackle many of the details of separation, it is likely that you are concerned about how to best proceed with your lives in a way that will support your children’s development. Please remember that there are many people and organizations out there that truly want to help you with your journey. Look into the Autism Network Singapore resources outlined above to see what other parents in similar situations have done; you may even find that they have similar questions that you have and that there are solutions that can now be applied to your situation.