Your Divorce and New Jersey’s Parents’ Education Program

If you and your spouse have filed for divorce in New Jersey and there are children involved, it is very likely that factors such as child custody, child support, and/or visitation may become issues that must be resolved before a final divorce settlement can be reached. With this in mind, New Jersey lawmakers enacted the Parents’ Education Act in 1999, which requires parents who meet the above criteria to attend a Parents’ Education Program prior to the resolution of their divorce. In this week’s article, we will discuss the purpose and requirements of the Parents’ Education Program and its implications for the overall divorce process.

The Parents’ Education Act, enumerated in N.J.S.A. 2A:34-12, requires parents who meet the following requirements to attend a Parents’ Education Program:

• One of the parties must have filed for divorce, nullity, or separate maintenance
• The parties share children
• The custody, visitation or support of the minor or minors is at issue (one or more of these issues must have been raised in the initial complaint and/or counterclaim)

All who fall within the aforementioned categories must provide a $25 registration fee to the Parents’ Education Fund and must attend a Parent’s Education Program, which is scheduled twice per month. It is important to note that both parties must attend this program. Although the parties are not required to attend at the same time, no determinations regarding child custody or support can be entered into the final judgement of divorce until both parties have completed this requirement.

So, what to expect at the Parents’ Education Program that you attend? Essentially, the program is a workshop run by two licensed clinical social workers and a family mediator, who will provide you with information regarding the unique needs of your children as they transition through the stages of separation and divorce, as well as the opportunity to utilize family mediation as an alternative to traditional litigation when addressing child-related issues during the divorce process. The program employs multiple tools, including lecture, video presentation, and role play, as a means by which to expose you to the personal and legal facets of divorce as it relates to the children involved.

According to the Parents’ Education Act, the primary goals of the program are to provide you and your spouse with an understanding of the following:

• The legal process and cost of divorce or separation, including arbitration and mediation
• The financial responsibilities for the children
• The interaction between parent and child, the family relationship and any other areas of adjustment and concern during the process of divorce or separation
• How children react to divorce or separation, how to spot problems, what to tell them about divorce or separation, how to keep communication open and how to answer questions and concerns the children may have about the process
• How parents can help their children during the divorce or separation, specific strategies, ideas, tools and resources for assistance
• How parents can help their children after the divorce or separation and how to deal with new family structures and different sets of rules; and
• How cooperation may sometimes be inappropriate in cases of domestic violence.

The ultimate takeaway from this step in your divorce process is yours to determine, as each and every person’s situation is unique. Overall, the divorce experience can be difficult, and the Parents’ Education Program represents just another resource for support during this trying time. If you are contemplating or have filed for divorce in New Jersey, feel free to contact my offices anytime for a consultation. I am always pleased to answer your questions.