Divorce can be a challenging and emotional process, and in some cases, couples are unable to find common ground. This is where a contested divorce comes into play. In New Jersey, a contested divorce arises when spouses cannot come to an agreement on important issues pertaining to their separation, ultimately necessitating court intervention and a ruling.
Key Differences Between Contested and Uncontested Divorces
In an uncontested divorce, both parties reach mutual agreement on crucial matters such as child custody, spousal support, and division of property. Uncontested divorces tend to be less time-consuming and expensive compared to their contested counterparts.
However, in a contested divorce, spouses are unable to find common ground on one or more of these significant issues. Consequently, a judge presides over the case, examines evidence, and delivers a ruling. Due to the complexities involved, contested divorces can demand more time, legal fees, and emotional strain compared to uncontested divorces.
Common Causes of Contested Divorces
There are numerous reasons why couples may struggle to reach agreement during divorce proceedings in New Jersey. Some prevalent causes of contested divorces include:
- Disputes concerning child custody and visitation rights.
- Contentions about the amount and duration of spousal support payments.
- Division of marital assets, encompassing properties, vehicles, and retirement accounts.
- Concerns regarding child support payments and financial responsibilities.
- Allegations of domestic violence or abuse.
Navigating the Contested Divorce Process
When an agreement cannot be achieved on all divorce-related issues, the contested divorce process comprises several stages, as outlined below:
Filing a Complaint: The initial step involves filing a complaint with the court, which details the grounds for divorce and the disputes between the spouses. The other party then has the opportunity to respond by filing a counterclaim.
Discovery: Once the initial paperwork is filed, both parties gather information and evidence about the disagreements through a process called discovery. This may involve responding to written questions, presenting relevant documents, and conducting witness depositions.
Negotiation: In certain instances, spouses may find common ground during the discovery phase by engaging in negotiation or mediation. If an agreement is reached, the need for a trial is eliminated.
Trial: If no resolution can be achieved, a judge presides over a trial during which evidence and testimony from both sides are presented. The judge then delivers a final ruling on all outstanding issues, including child custody arrangements, spousal support payments, and the division of assets.
Seek Support From a Seasoned Divorce Attorney
Divorce, particularly a contested one, can be incredibly challenging. If you are currently embroiled in a divorce dispute in New Jersey, it’s crucial to have the guidance and support of an experienced family law attorney throughout the process.
An attorney can help you comprehend your rights, advocate for your interests, and facilitate out-of-court agreements with your spouse. Additionally, if a trial becomes necessary, an attorney can meticulously prepare your case and represent you effectively before the judge.
At [Firm Name], we boast a team of knowledgeable and compassionate New Jersey divorce attorneys who are dedicated to assisting you during this difficult time. Get in touch with us today to schedule a consultation and discover how we can support you.