To learn more about an uncontested divorce and why you will need the help of an attorney, reach out to our firm today and speak with a Somerset County divorce attorney. Our legal team is on your side. Just give us a call today.
What is an uncontested divorce in New Jersey?
New Jersey processes uncontested divorces much more quickly than contested divorces. A contested divorce is a legal term that is used in the event that a divorcing couple does not settle on all of the key divorce matters of child custody, child support, spousal support, and division of assets.
There are a number of different ways for a divorce to be considered “uncontested.” With an uncontested divorce, 35 days after the initial divorce paperwork is filed, a final hearing will be scheduled, and the judge will review the divorce paperwork, and in most cases present the requested divorce. This is an extremely reduced time frame when compared with a contested divorce, so once your divorce satisfies the requirements for an uncontested divorce, this can be a much more efficient way of settling your divorce. It is also important to acknowledge that legal support from an attorney is critical to ensure that you are properly navigating through this process.
How do I file an uncontested divorce?
If you and your spouse have come to a final agreement about all the terms of your property settlement agreement before the divorce was filed, you are will be capable of filing for an uncontested divorce. At this phase, the filing party should file their initial divorce complaint, with the agreed-upon property settlement agreement.
The party who is not filing for divorce, also known as the defendant, should not reply to the divorce complaint. After 35 days without an answer from the defendant, the plaintiff can ask for a final divorce hearing. It is important to recognize that the plaintiff must observe this hearing, and while the defendant does not have to, it is still recommended that they do if they are able.
A family court judge at a final hearing will review all of the papers connected with the divorce, including the proposed property settlement agreement. The judge will mark the final divorce decree, and your divorce will be provided according to the terms summarized in your property settlement agreement. It is most helpful to have a skilled Somerset County divorce attorney on your side throughout each stage of this process.
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