Kaitlyn A. Lapi and Stephanie Frangos Hagan recently wrote an article for the New Jersey State Bar Association New Jersey Family Lawyer. Below is a summary of the article that was published in the June 2025 edition.
The timeline for finalizing a divorce in New Jersey has increased substantially in recent years. Judicial vacancies, limited resources, and a growing volume of family law matters have contributed to prolonged delays for litigants. While these delays affect individuals and families in various ways, one significant and often overlooked consequence is the effect on a person’s ability to form or expand a family.
Family creation is deeply tied to both personal autonomy and constitutional principles. The right to procreate has long been recognized as a fundamental liberty interest. However, when a divorce remains pending for years, the legal status of the marriage can restrict an individual’s ability to move forward with family planning.
Several groups are particularly affected:
- Individuals with religious requirements for marriage before childbearing may be unable to remarry or pursue parenthood until a divorce is finalized, causing meaningful delays.
- Individuals of childbearing age, especially those who marry or begin family formation later in life, may experience diminished reproductive opportunities as the divorce process extends over time.
- Women may face unique legal challenges under New Jersey’s Parentage Act, which presumes that a spouse is the legal parent of any child born during the marriage. This presumption can create additional litigation burdens and uncertainty during a pending divorce.
- LGBTQ+ individuals and couples who rely on assisted reproductive technology (ART) may be required to obtain spousal consent to proceed with fertility treatment, which may not be realistically obtainable while a divorce is ongoing.
These circumstances demonstrate that divorce delays can have significant, lasting consequences on the ability to build a family. In some cases, time lost during litigation cannot be regained.
Potential improvements exist. More consistent and accessible use of bifurcation—the process of granting the divorce itself while continuing to address financial or custodial issues—may allow individuals to move forward with family planning without delaying the resolution of other matters. Additionally, legislative updates to the Parentage Act and related laws could help ensure that legal parentage and access to reproductive care align with modern family structures.
As family dynamics and reproductive options continue to evolve, it is critical that legal frameworks evolve alongside them. Ensuring timely access to divorce is not solely a procedural concern; for many, it directly affects the ability to exercise a fundamental right to create a family.
