The challenge of divorce comes with trying to untangle a life that you and your spouse have built together throughout the years. And depending on how well you and your spouse can independently work together to reach a settlement agreement, this may need to be done in the presence of a New Jersey court. Read on to discover whether a court needs to handle your divorce proceedings and how a seasoned Somerset County divorce attorney of Siragusa Law Firm can guide you through every step of the way.
Does my contested divorce need to be handled by a New Jersey court?
If you and your spouse cannot agree on divorce-related issues, you will need to enter a contested divorce. With this, a New Jersey court will need to handle decisions on divorce terms in a courtroom setting. The court will consider various factors to ultimately settle the contested divorce terms during the litigation proceedings. Some of the disputes that they will resolve on your behalf read as follows:
- Alimony: when you and your spouse cannot agree on whether one is entitled to spousal payments for temporary or long-term financial support.
- Property distribution: when you and your spouse cannot agree on how to divide your assets, especially when there is an emotional tie present.
- Child custody: when you and your spouse cannot agree on whether one should retain physical and/or legal custody of your child.
- Child support: when you and your spouse cannot agree on whether one should be required to financially support your child.
Does my uncontested divorce need to be handled by a New Jersey court?
On the flip side, if you and your spouse can indeed agree on divorce-related issues, then you may enter an uncontested divorce.
For example, divorce mediation is a method that is used for an uncontested divorce. This process takes place in the presence of an unbiased third-party mediator, rather than in the presence of a New Jersey court in a courtroom setting. This mediator, which may or may not be an attorney, aids you and your spouse in reaching decisions on your own, rather than making the decisions for you as a court would do. This tends to be a preferred method of divorce because the stakes are lower, privacy is encouraged, and usually, it saves time and money.
With all this being said, an uncontested divorce can turn into a contested case quickly if you and your spouse cannot reach agreements regarding even just one key marital issue. For more information, you should consult with a competent Somerset County family law attorney at your earliest convenience.
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