There are two types of divorces that can depend heavily on how the two parties involved handle matters prior to their proceedings. Though they result in the same outcome, a contested and uncontested divorce are considerably different, and they reflect on the remaining marital issues, if any, that must be resolved. Understanding the differences between these two divorce processes can help you adequately prepare for the road ahead while ensuring you can take the necessary steps to protect yourself. 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 the Difference Between a Contested and Uncontested Divorce?
The primary difference between a contested and uncontested divorce in Somerset County is whether the spouses are able to agree on the terms of their divorce. In a contested divorce, important marital issues will remain unresolved and require the court to intervene. When a divorce is uncontested, it means both parties are able to agree on the conditions of the divorce before the divorce is finalized, and they may ultimately avoid the need for court intervention.
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 on 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.
Common Issues in a Contested Divorce
- Child support
- Child custody
- Visitation and parenting time
- Alimony
- Division of assets
What Happens During a Contested Divorce?
During a contested divorce, the couple may attend settlement negotiations, and, if these matters are still unresolved, the case may proceed to trial. During litigation, the court will examine all documentation provided by both parties and hear testimony before issuing a decision in the matter.
How Long Does a Contested Divorce Take?
- The timeline will depend on the complexity of the divorce
- Divorce cases involving disputed custody matters can take considerable time
- Court scheduling, negotiations, and discovery can impact the timeline
- Some contested divorce cases may be resolved through mediation or settlement prior to trial
Fault and No-Fault Divorce Grounds in New Jersey
In the event a couple is involved in a contested divorce, a spouse can cite either a fault or no-fault ground prior to the proceedings. It’s imperative to understand that while New Jersey is primarily a no-fault state, a spouse may cite fault grounds.
What Are No-Fault Divorce Grounds
When a couple cites no-fault, neither party blames the other for the end of the marriage. As such, the couple will cite the “irretrievable breakdown of the marriage” as the reason for the divorce. Essentially, this means the marriage is broken beyond repair.
What Are Fault Grounds in a Divorce?
In the event a spouse believes their partner is to blame for the divorce, they may cite the following:
- Adultery
- Abandonment
- Cruel and inhuman treatment
- Imprisonment for three or more years in a row
- Fraud
- Addiction
Should You File a Fault or No-Fault Divorce?
- No-fault divorce is most commonly cited in uncontested divorces
- Fault grounds can increase conflict, as you must prove wrongdoing
- Some fault-based allegations can impact negotiations regarding alimony or child custody
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 other issues, have been resolved.
Benefits of an Uncontested Divorce
- Generally less expensive than a contested divorce
- Typically resolved much faster
- May require fewer court appearances
- Can reduce emotional stress
- Allows the spouses to maintain greater control over the outcome of the marriage
What Is an Irretrievable Breakdown of Marriage?
As mentioned, most uncontested divorces cite the irreconcilable differences or the irretrievable breakdown of the marriage as the grounds on which they are filing for divorce. In New Jersey, 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
Alternative Divorce Options in Somerset County
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.
In Somerset County and across New Jersey, family courts often encourage spouses to avoid litigation when possible. However, in the event an agreement cannot be reached, the Superior Court of New Jersey, Family Part, can intervene to resolve outstanding contested issues.
Contact Our Experienced Somerset County Family Law Firm
If you require experienced legal representation for your divorce, the team at the Siragusa Law Firm is ready to represent you. We understand how complicated these matters can be to navigate, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn more about your legal options.