Most divorces start off contested. A contested divorce means that you and your spouse have issues that need to be resolved before you can get divorced. These issues can include disagreement about child custody, child support, property division (such as dividing up retirement assets, stocks and bonds, whether alimony will be paid, and other areas like college selection and financial contribution for your children, or valuing and investment business interests. If you are unable to come to agreement on any issue preferably with the help of a divorce attorney, your divorce will ultimately go to court (a trial) where a New Jersey judge will make the decisions for you.
HOW DOES UNCONTESTED DIVORCE WORK?
When you are able to reach agreement on all the issues between yourselves — which often requires the help of the parties’ respective attorneys, financial or custody/visitation experts, or a mediator — your matter moves from being a contested divorce to an uncontested divorce. An uncontested divorce simply means that you and your spouse have come to agreement on all the terms of your divorce and nothing is unresolved.
With either type of divorce, you will need to meet residency requirements before filing except if you fall into the one exception of the residency requirement (adultery of the other spouse). You will then file for uncontested divorce by filling out the appropriate forms and paying the filing fee with the court.
The terms of your divorce that you and your soon-to-be-ex spouse agreed to will be memorialized in a property settlement agreement, or marital settlement agreement, which you will both sign and have notarized.
Once your settlement agreement is executed, you will notify the court and an uncontested divorce hearing will be scheduled. At the hearing, the judge will sign a final judgment of divorce to dissolve your marriage after asking you and your spouse various questions about your understanding and impact of the terms you agreed to agree to. Your agreement will become part of your final divorce decree.
DO I NEED AN ATTORNEY TO FILE FOR AN UNCONTESTED DIVORCE?
You are not required to have an attorney to file for an uncontested divorce, but it is usually beneficial to work with a lawyer. This can be especially so if you have children or have complex and extensive assets and properties, such as in a high-net-worth divorce situation.
Your New Jersey family lawyer will advocate for you in negotiating the terms of the divorce and make sure you and your spouse didn’t inadvertently miss an issue that needs resolving so you don’t have disagreements in the future because your agreement is silent on that item. An attorney will ensure that your rights and interests are protected throughout the entire process and discuss with you what you are entitled to as a matter of law. If you require help from forensic accountants, child and family specialists, or other experts to help you and your spouse arrive at agreement on issues, your attorney can help you in identifying and arranging that support and ensuring that the expert you choose is the right expert for the specifics of your case.
An experienced New Jersey divorce attorney will guide you from start to finish.
GET HELP FROM A KNOWLEDGEABLE HACKENSACK, NJ, DIVORCE ATTORNEY
Are you heading toward a divorce and want to know more about the uncontested divorce process? Do you need help resolving your issues so that you can avoid a contested divorce and courtroom litigation?
Our skillful attorneys at [MFR] Men’s & Fathers’ Rights Divorce Lawyers in Hackensack understand all the sensitive issues that must be resolved when marriages are ending. As experienced child custody lawyer, we will work hard to help you come to an agreement on issues of child custody and visitation, child support with the help of our child support lawyer, asset and debt division, alimony, and all the other decisions that must be made in divorce.
Call us at (201) 880-9770 to arrange a confidential case evaluation.