There are numerous things to consider when preparing for divorce. One of them is whether you believe your situation will make it possible to reach agreement with your spouse on all the aspects of terminating your marriage and to file for an uncontested divorce. If so, you won’t need to litigate your divorce in a public courtroom and have a judge make decisions for you. A contested divorce is just the opposite: If you are unable to come to terms between yourselves, you will have to present your respective cases at trial and the judge will decide the issues.
At [MFR] Men’s & Fathers’ Rights Divorce Lawyers in New Jersey, we seek to help clients end their marriages in the most beneficial way possible for their unique situations. To arrange a consultation with an uncontested divorce lawyer or a contested divorce lawyer call (201) 880-9770.
Divorce is a life-changing event with much at stake personally and financially. Having a skilled attorney on your side who will make sure your interests are protected is crucial.
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There are numerous issues to resolve in divorce, whether it is uncontested or contested. Depending on your family and financial circumstances, these issues could be relatively straightforward, or they could be highly complex. Primary issues involve conflicts around property division, whether alimony will be paid and how much (and for how long), and concerns about child custody and child support for parents of minor children. High-net-worth divorce clients will have worries about what will happen to their businesses in divorce and how stocks, bonds, commodities, expensive art and collectibles, vacation homes, and other intricate investments may be divided.
As lawyers who have assisted countless New Jersey residents through divorce, we understand the range of swirling emotions people feel during this turbulent time. When you trust us to handle your divorce we will:
Even if you are in full agreement with your spouse, it is important that you discuss your uncontested divorce with an experienced attorney. Our lawyer will make sure that you have considered all concerns that could potentially arise so that you do not have unresolved issues coming back to bite you later.
If there are issues you disagree about, we will put our strong negotiating skills to work to try and help you and your spouse come to terms and achieve an uncontested divorce. Once agreement is reached, we will assist in drafting your divorce agreement.
Sometimes couples simply can’t reach an agreement on an issue, no matter how hard they try. In other cases, there is so much animosity between spouses that even attempting an uncontested divorce is not doable.
If you are in one of these situations, our contested divorce lawyer will counsel you through all the steps in legal proceedings and stand up fiercely for your rights and interests in court.
As evidenced by common questions our attorneys receive, there is often confusion about uncontested versus contested divorce. Here are answers to FAQs that we hope will help clear the fog.
Technically, yes. It takes two to reach an agreement, and if your spouse is unwilling to negotiate in good faith, you may have no choice but to pursue a contested divorce. However, in many situations, the divorce process begins with the spouses and their attorneys working toward setting the stage for an uncontested divorce.
No. In the divorce context, fault is a separate concept. It is the reason you give for seeking divorce. While filing for a fault-based divorce is an option in New Jersey, in most cases spouses file for no-fault divorce. But even if you file on no-fault grounds, if you can’t come to agreement on issues and your case goes to court, your divorce is contested.
Yes. While two divorcing spouses may initially be at odds, once they begin the divorce process, learn more about one another’s interests, and begin to feel the financial burdens of litigation, it is not unusual for them to shift their focus to finding common ground. Judges may also order couples to attend mediation to try to resolve issues in an effort to avoid trial.
Contested divorces typically take longer than uncontested ones. A contested divorce could take as long as a year due to legal procedures and court scheduling. An uncontested divorce may take just a few months, or it could take longer depending on how long it takes spouses to negotiate agreement on issues.
We know that divorce is complicated. Our skillful attorneys at [MFR] Men’s & Fathers’ Rights Divorce Lawyers are here to assist you throughout the process. Even if you and your spouse agree on all the issues, we can ensure that the marital settlement agreement protects your interests. If you don’t agree on some aspects of your divorce, we may be able to help you get there. And if an uncontested divorce is simply not possible, we will vigorously stand up for you in contested divorce proceedings.
Call us at (201) 880-9770 to arrange a confidential consultation.
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