What are the grounds for uncontested and contested divorces in New Jersey?
New Jersey recognizes both no-fault and fault-based divorces, and the difference between the two is the ground upon which the divorce is sought. For example, in a no-fault divorce, spouses may seek a divorce based simply on the fact that they no longer get along, which is also referred to as “irreconcilable differences.” In a fault divorce, spouses place blame for the divorce and allege that the other spouse engaged in some type of misconduct, such as adultery, which led to the divorce.
For more information on no-fault versus fault divorce in New Jersey, see No-Fault Versus Fault Divorce in New Jersey – FAQs, by Lina Guillen.
Whether you are seeking a no-fault or fault divorce, all divorce-related issues, such as child support and custody, alimony and property division must be resolved in one of two ways - through an uncontested or contested divorce.
What are the differences between uncontested and contested divorce in New Jersey?
In an uncontested divorce, both spouses agree on all of their divorce-related issues and enter into a divorce settlement agreement, which is signed by both parties and submitted to the court for approval. In short, the uncontested divorce process is faster, less expensive and generally, more amicable than the contested route.
With a contested divorce, spouse can’t agree on one more issues in their case. In these cases, the spouses or their attorneys will have to file legal motions (paperwork) asking a judge to make decisions on their contested issues after a hearing or a full-blown divorce trial, where both sides will present evidence, including live testimony.
Should I hire an attorney for an uncontested divorce in New Jersey?
Even though an uncontested divorce doesn’t involve a court battle or trial, it’s often a good idea to hire a divorce attorney that can guide you through the process from the very beginning, answer questions about your legal rights and responsibilities, and help you negotiate and draft a valid settlement agreement.
If you are going through a contested divorce, you should definitely hire an experienced family law attorney that can represent your interests at trial.
