If you want a divorce but you do not want to spend a lot of time and money in court, you want an uncontested divorce. This is an option for New Jersey residents who do not want to spend a lot of money on litigation, but it is not the right option for every couple. This is what you need to know about an uncontested divorce and how our Plainfield divorce & family law attorneys can help you with this course of action.
What Do I Need to Do to Get an Uncontested Divorce?
In order to get an uncontested divorce, you and your spouse need to agree on everything. If you can do that, you both will have to file some paperwork with the court and potentially attend a final hearing, but you will avoid spending a lot of money on litigation. In an uncontested divorce, you have to come to an agreement on:
- Property division
- Child custody
- Child visitation
- Spousal support, or alimony
- Child support
If you can manage this, you can submit your divorce agreement to the courts and a judge can approve everything.
Will I Have to Go to Court If My Spouse and I Cannot Negotiate?
If you and your spouse cannot agree on any of the above issues, then you have a contested divorce. You will probably need to go to court to settle things.
Are There Any Other Requirements for an Uncontested Divorce?
There are also some other requirements to be aware of when it comes to uncontested divorce. You and your spouse do not just need to agree on your divorce agreement and things like property division. You also need to agree on the reason for your divorce. Many couples choose to say that they have “irreconcilable differences” and that they have been apart six months or more.
You or your spouse also must be a resident of the state of New Jersey in order to get divorced here. Either you or your spouse must be a resident for one year or longer before you file.
Mediation and negotiation also only really work when the couple is on an even playing field. If there is a big power imbalance between you and your spouse or a history of domestic abuse, it can be hard to come together and develop a fair divorce agreement.
Do I Need a Divorce Attorney If I Am Not Going to Court?
Even if you do not plan to spend a lot of time in court, it can still be helpful to have a divorce attorney to turn to. Your attorney can answer your questions and help you look out for yourself. They can also look over any tentative agreements and advise you about whether additional negotiation may be in your best interest.
Contact Our Law Firm
If you are filing for divorce and weighing all of your possible options, contact Ross & Calandrillo, LLC. We can schedule a consultation with our team and tell you more about how we can be of assistance in this difficult time.
