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What to Know About Contested and Uncontested Divorce in New Jersey

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What to Know About Contested and Uncontested Divorce in New Jersey

There are two types of divorces that can depend heavily on how the two parties involved handle matters prior to their proceedings. Contested and uncontested divorce are both very different, and they reflect on the remaining marital issues, if any, that must be resolved. If you are going through a divorce, reach out to our experienced New Jersey divorce attorneys today to discuss your case and your options.

What is a contested divorce?

A contested divorce occurs if both spouses are not able to come to an agreement on their marital issues. In this case, both spouses will not sign an agreement for the terms of their divorce, mostly because they cannot agree to them, which leaves many issues unresolved. In this type of divorce, a judge will need to be selected to go through each conflict and settle the disagreements between the couple. The most common contested divorce concerns involve matters like child support, child custody, division of assets, and alimony.

If a couple is in a contested divorce, a spouse is able to cite “fault” or “no-fault” grounds before the proceeding begins. If no-fault grounds are ordered, neither spouse puts is putting blame on the other for the end of their marriage. If this occurs, the couple will start their divorce proceedings. In contrast, if a spouse does cite fault grounds, they are holding their partner’s actions accountable for their divorce. Fault grounds are usually cited during the following conditions:

  • Adultery
  • Abandonment
  • Cruel and inhuman treatment
  • Imprisonment for 3 years or more in a row

What is an uncontested divorce?

An uncontested divorce takes place when both spouses agree upon the fact that their marriage is unfixable and they are in accordance with the conditions of their divorce. This type of divorce also means that all marital issues between both parties, including alimony, child custody, child support, child visitation, division of assets, and alimony have been resolved. An uncontested divorce is also ordinarily known as an “Irretrievable Breakdown of Marriage.” There are two kinds of irretrievable breakdowns:

  • 1A Divorce: When both spouses agree on their marital issues.
  • 1B Divorce: When marital issues are left unresolved.

Uncontested divorces accommodate both parties by giving them the option of which system they would like to use for their divorce. For instance, they may choose mediation, arbitration, or collaborative divorce instead of litigation. These options are all voluntary but can be more productive and favored both with time and finances for each party and their families.

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If you require experienced legal representation for a matter of Family Law, Supplemental Security Income, Medical Malpractice, Social Security Disability, or Legal Malpractice, Siragusa Law Firm is here to help. Contact our firm today to schedule a consultation so we can discuss your case.

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