What Are the Differences Between a Contested and Uncontested Divorce in New Jersey?

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There are two types of divorces in New Jersey that heavily depend on how each party handles their marital issues. Contested and uncontested divorces are very different from one another, which is why it is important that you have an experienced Hackensack, New Jersey divorce lawyer on your side to ensure you are handling your divorce properly. Reach out to our firm today. Our legal team is on your side.

How does New Jersey define a contested divorce?

In New Jersey, a contested divorce occurs in the event that both spouses are not able to reach an agreement regarding their marital issues. In this circumstance, there are many marital matters that are left unresolved. As a result, a judge will be selected to navigate through each issue and make the decisions on behalf of the couple. The most common contested divorce matters include concerns regarding child support, child custody, division of assets, and alimony.

With a contested divorce, a spouse is able to cite “fault” or “no-fault” grounds before the proceedings start. If there are no-fault grounds are ordered, neither spouse is putting blame on the other for the end of their marriage. If this occurs, the couple will begin their divorce proceedings. On the other hand, if a spouse cites fault grounds, they are holding their partner’s actions responsible for their divorce. Fault grounds are typically cited under the following circumstances:

  • Adultery
  • Abandonment
  • Cruel and inhuman treatment
  • Imprisonment for 3 years or more in a row

What is an uncontested divorce?

An uncontested divorce refers to when the couple is in agreement with the conditions of their divorce. This kind of divorce also indicates that all marital issues between both parties, including alimony, child custody, child support, child visitation, division of assets, and alimony have been resolved.

Uncontested divorces allow both parties to have the option of which system they would like to use for their divorce. For example, they can choose from mediation, arbitration, or collaborative divorce rather than litigation. These options are all voluntary but can be more productive and can save a lot of time and money for each party and their families.

If you are going through a divorce, it is important that you have a skilled New Jersey divorce lawyer on your side. Reach out to our firm today to discuss the details of your case and the best course of action for you. We are just one phone call away.

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