When a marriage reaches its end, many couples choose an “uncontested divorce” to resolve their marital issues amicably and quickly. Compared to contentious litigation, uncontested divorce saves both time and money. However, regarding property division, especially the question of one party “leaving with nothing,” many people wonder: Can I require my spouse to leave the marriage with nothing in an uncontested divorce?
This article uses New Jersey as an example to answer this question.
I. What is an Uncontested Divorce?
An uncontested divorce occurs when both spouses reach consensus on all divorce-related issues, including:
- Property division
- Child custody and visitation
- Child support and spousal support
- Debt allocation
The parties sign a written Marital Settlement Agreement, which is submitted to the court for approval. The court typically respects and adopts the agreement’s terms, granting the divorce decree.
II. Does New Jersey Allow One Party to “Leave with Nothing”?
Simply put: legally permissible, but conditional.
If one party voluntarily waives their property rights in the marriage—such as giving up claims to real estate, bank accounts, or retirement benefits—the court will generally respect both parties’ wishes, provided:
- The agreement is reached voluntarily, without coercion, deception, or misrepresentation;
- Both parties fully understand the assets, achieving “informed consent”;
- The agreement is fundamentally fair and reasonable;
- Ideally, both parties have legal representation or consultation to ensure the agreement’s validity.
If these conditions are met, one party voluntarily “leaving with nothing” can be fully accepted by the court.
III. Will the Court Always Approve a “Leave with Nothing” Agreement?
Not necessarily. While uncontested divorce emphasizes respecting parties’ autonomy, the court still has a duty to review agreements to ensure they don’t violate fairness principles or public policy.
If the court finds the agreement:
- Excessively unequal;
- Obviously harmful to one party’s basic rights;
- Involves fraud, coercion, or one party’s clear lack of knowledge;
Then the court has authority to reject the agreement and require modifications before resubmission.
Particularly in long-term marriages with substantial assets, if one party leaves with nothing and no compensation, the court may investigate the underlying reasons thoroughly.
IV. “Leaving with Nothing” Is Not a Punishment Mechanism
Many people mistakenly believe that if one spouse commits adultery or is “at fault,” the other can demand they “leave with nothing.” This doesn’t hold true in New Jersey.
New Jersey follows an Equitable Distribution system, emphasizing “fairness” rather than “equality,” and doesn’t use moral judgments as the basis for property division. Even if one party had an affair, the court may still award them property unless it can be proven the behavior directly caused serious economic harm (such as transferring or concealing assets).
V. How to Legally Achieve a “Leave with Nothing” Agreement?
If you wish to have your spouse leave with nothing through uncontested divorce, consider these steps:
- Reach mutual agreement, with both parties voluntarily agreeing to the arrangement;
- Fully disclose all assets and debts to ensure informed consent;
- Have a professional attorney draft or review the Marital Settlement Agreement;
- Both parties sign the agreement with attorney or notary witness;
- Submit the agreement to court for review and approval.
VI. Conclusion
In New Jersey, uncontested divorce provides parties substantial freedom. One party voluntarily “leaving with nothing” is achievable, but the agreement must be legal, fair, voluntary, and based on informed consent. The court won’t forcibly strip anyone’s property rights, nor automatically impose “punitive division” based on personal morality or marital conduct.
If you’re considering uncontested divorce involving complex property issues, we strongly recommend seeking professional family law assistance to ensure your agreement’s legal validity and protection of your rights.
Disclaimer: This column is for reference only and does not constitute legal advice. For legal guidance on your specific case, please contact 201-461-0031, WeChat: songlawfirm, or email mail@songlawfirm.com to arrange a consultation.
