The term “contested divorce” can bring to mind images of spouses and their attorneys engaged in a heated courtroom battle. While there are situations in which this can be the case, the contested divorce process does not have to be so contentious. When a divorce is contested, it simply means that there are outstanding issues that need to be resolved between the divorcing parties. Most divorces that start out as contested are eventually settled outside of trial.
WHAT IS A CONTESTED VERSUS AN UNCONTESTED DIVORCE?
When you and your spouse disagree about dividing assets, alimony, child custody, child support, the grounds for divorce, or other issues of ending the marriage, the divorce is contested. If you are unable to agree on anything—which is more likely in marriages where there is a lot of bad feeling and antagonism between parties—a New Jersey judge will decide the issues for you. Even if you are unable to come to terms on only a single issue and a judge must decide, your divorce is contested.
If you and your spouse can come to agreement on all of the issues, then your matter will move into the uncontested phase. Your respective attorneys will help you prepare a marital settlement agreement for the court to sign off on and you can complete your divorce. However, you must agree on all the issues for a divorce to be uncontested.
Because there are numerous decisions to make when marriages are ending, agreement on everything does not always come easily. Concerns such as who will get the family home, how investments will be divided, whether alimony will be paid and how much, and who will pay for the children’s college tuition and expenses are just a sampling of the decisions that must be made in divorce.
Sometimes issues of divorce can be resolved through negotiation and compromise, which your lawyers can assist you with. Sometimes mediation can also get you to a place where you can avoid having a judge make determinations at trial. Mediation involves a trained and neutral party whose role is to guide you toward resolution.
CONTESTED DIVORCE PROCESS
A contested divorce can settle at any time during legal proceedings and avoid trial. During contested divorce proceedings, the New Jersey Court makes every attempt to have parties resolve as many issues as possible on their own and reduce the numbers of issues left to the judge to decide.
STEPS IN THE CONTESTED DIVORCE PROCESS
Once the complaint has been filed with the court and responded to, and one of you is contesting the divorce, your case will be added to the court’s schedule. Here is an overview of steps that take place in the contested divorce process:
- The court will schedule a case management conference in which the issues to be decided are discussed, deadlines for exchanging financial and other information are handed down, and dates for court conferences and hearings are set.
- If you have children and don’t already have a custody/parenting time agreement in place, you will meet with a custody and parenting time mediator at the court to develop one. You will also be required to attend a parenting education class.
- The discovery phase begins, in which financial and other relevant information is disclosed and exchanged.
- You may be ordered to attend a marital early settlement panel, which is a form of mediation, as another attempt to encourage agreement and settlement.
- If early settlement is successful, you can divorce. If it isn’t, then you may undergo economic mediation as yet another effort to reach settlement and avoid trial.
- Finally, if agreement still has not been reached, you might be required to attend an intensive settlement conference at the courthouse, which is a day-long, last-ditch attempt to achieve an agreement before trial.
If there are still disputes on issues after these steps, the judge will schedule a trial date.
WHAT HAPPENS AT A DIVORCE TRIAL?
During the trial, you and your spouse, with the help of your respective divorce attorneys, will present your evidence and cases to the judge. You and your spouse will offer testimony; your witnesses will testify—witnesses may include experts such as financial professionals and real estate appraisers, for example. Once all the evidence and testimony has been considered, the judge will issue their decision in the final judgment of divorce.
APPEALING A CONTESTED DIVORCE DECISION
If you think the judge’s decision was wrong in your contested divorce case, you can potentially appeal, but you can’t appeal just because you don’t like the outcome. You must believe and have evidence that the judge misapplied the law or demonstrated some overt bias. You must appeal to the Appellate Division of the Superior Court within 45 days of receiving the judge’s decision. Your attorney will help you determine whether your case warrants an appeal.
HOW AN ATTORNEY CAN HELP WITH YOUR CONTESTED DIVORCE
Your attorney will handle paperwork, court filings, evidence gathering, identifying of expert witnesses, and building your case to make before the judge. They will be your legal advisor dedicated to protecting your rights and representing your interests throughout the process.
Your lawyer may also be able to guide you toward agreement on some or all of the issues prior to going to an expensive and time-consuming trial.
CONTACT AN EXPERIENCED NEW JERSEY LAWYER FOR ASSISTANCE
Our attorneys always try to resolve divorce issues in the least stressful and antagonistic way possible for the situation. When you disagree with your spouse on some or all divorce issues, we will work tirelessly to negotiate resolutions. If agreement is impossible for your situation and your contested divorce is headed to trial, we will stand up vigorously for your rights in front of the court. In either situation, our goal is to protect your interests by ensuring you do not give up too much or get too little.
Call [MFR] Men’s & Fathers’ Rights Divorce Lawyers at (201) 880-9770 to arrange a confidential case evaluation.
