What is a Contested Divorce in New Jersey?

Unfortunately, divorce is growing increasingly more common over the years. This tends to be the result of spouses believing that their marriage can no longer be repaired. When this happens, there are many cases where spouses are unable to find common ground regarding their marital issues. This can include child support, child custody, visitation, the division of assets, spousal support, and more. Couples facing these issues make take part in a contested divorce. During this time, it is important to retain the services of an experienced New Jersey divorce attorney for help with your case. 

What is Equitable Distribution?

Spouses who cannot reach an agreement on the division of their assets may relinquish their right to do so. When this happens, the court can make these decisions for them. Individuals facing this situation should be aware that in the state of New Jersey, marital assets are subject to equitable distribution. While many people believe this means the division is equal, it is actually divided in a fair and just way. 

How are Child Custody and Support Determined?

Divorce cases become particularly sensitive when children are involved. In these cases, matters of child custody and child support come into question. Parents who cannot agree to the custody of their child may need the court to do so for them. When this happens, it is important to know that the court makes these decisions based on what is in the best interest of the child, not the desires of the parents. In order to come to a conclusion, the court considers various factors relating to the family and the child’s relationship with each parent. 

Child support in New Jersey is calculated by the New Jersey Child Support Guidelines. This is a formula that determines an amount based on what the child needs and what the parents are able to provide. It is important to know that both parents are required to financially assist their child, even if one does not have custody.

How is Spousal Support Determined?

In contested divorces, spouses rarely want to support one another once the process is over. However, the court may require spousal support. This may happen if one spouse is financially dependent on the other. In these situations, the independent spouse may be ordered to pay support until the dependent spouse can support themselves.

Contact our Firm

Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. One of the most important things you can do when going through a divorce is to hire a knowledgeable and compassionate divorce attorney. Do not settle for less than you deserve. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a free consultation.