In New Jersey, as in many other states, divorces generally fall into two different categories: contested and uncontested. What should you know about the two paths available for divorcing couples?
What is an uncontested divorce?
An uncontested divorce is one in which both parties agree on issues like asset division, debt responsibility, child custody and support arrangements. In an uncontested divorce, both spouses prepare a settlement agreement that addresses those issues. They then submit their agreement to the court for approval.
This type of divorce can be a simpler, faster and less expensive process because it requires less court intervention. Avoiding a courtroom battle and keeping many details out of public record can also reduce the emotional strain that people experience during divorce.
What is a contested divorce?
When spouses cannot agree on one or more of the issues involved in divorce, they usually pursue a contested divorce. This process typically involves court hearings where each spouse presents their case, and a judge makes the final decisions.
Contested divorces are more complex and can be drawn out over many months or even years, depending on the severity of the disagreements and the backlog of the court system. This often means that more aspects of the couple’s private life may become public through court documents and hearings. However, contested divorces also mean that the court can resolve issues even if the divorcing couple cannot.
Which divorce option is right for your situation?
Deciding whether to pursue a contested or uncontested divorce in New Jersey depends on your specific circumstances. For example, if you and your spouse agree on the terms of the divorce, an uncontested divorce might allow you to reduce conflict and costs.
If your situation is more complicated, however, a contested divorce may be a better fit. For example, complicated asset divisions, substantial assets, significant conflict or contentious custody issues may all be difficult to resolve without court involvement.
Because the best path forward reflects your situation, you may want to discuss your divorce with an experienced New Jersey divorce attorney. A lawyer can help you understand the legal nuances of your case and recommend the best way to proceed.
Whether you opt for an uncontested or contested divorce in New Jersey, it is important to approach the process with a clear understanding of your options. By understanding each type of divorce, you can make informed decisions that lead to a smoother transition into the next phase of your life.
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