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What is the Difference Between an Uncontested and Contested Divorce?

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What is the Difference Between an Uncontested and Contested Divorce?

There are two types of divorce in New Jersey: uncontested divorce and contested divorce. Continue reading to learn the difference between these two types of divorce. If you are facing a divorce, it is important that you retain the services of an experienced and understanding attorney who will support you through this process, no matter the circumstances of your divorce. Give our firm a call today to schedule your initial consultation.

What is an uncontested divorce?

When both spouses believe their marriage cannot be fixed and can agree on all terms of their marital issues, an uncontested divorce occurs. An uncontested divorce is also referred to as an “Irretrievable Breakdown of Marriage.”

A couple must resolve all marital issues and agree on all terms of their divorce for an uncontested divorce to take place. Marital issues include the following:

  • Parenting time
  • Child custody
  • Child support
  • Division of assets
  • Payment of debts

The spouses will choose their own method of divorce outside of litigation. Alternative divorce methods include collaborative divorce, mediation, or arbitration, which are all voluntary processes.

What is a contested divorce?

When both spouses cannot come to an agreement on their marital issues, a contested divorce occurs. When neither spouse signs an agreement on their terms, which leaves their marital matters unsolved, a contested divorce takes place. A judge will then be given the right to make these decisions to resolve the disagreements. The judge will make decisions regarding the following issues:

  • Division of assets
  • Alimony
  • Child support
  • Child custody

A contested divorce will also allow spouses to cite “fault” or “no-fault” grounds. No-fault grounds being cited means that both spouses do not hold the other responsible for the end of their marriage. Citing fault grounds means that one spouse holds the other responsible for the end of their marriage due to one of the following situations:

  • Adultery
  • Incarceration for over 5 years
  • Habitual intoxication or drug addiction
  • Non-support
  • Cruel and abusive treatment
  • Impotency
  • Desertion

If you are facing a contested divorce, it is essential that you reach out to an experienced divorce attorney who will work to achieve the best possible outcome for your divorce. It is necessary to retain the services of an attorney who will put you and your family’s best interests in mind. Our firm understands all that is at stake in a contested divorce. Give us a call today to schedule your initiation consultation. We are prepared to assist you, no matter the circumstances of your divorce.

Contact our Firm

Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.

Practice Areas

Mediation Services

Our firm believes that exploring alternatives to litigation can greatly benefit our client. Our firm’s established mediation practice can help you resolve family law issues more efficiently, amicably and at a lower cost. If you are interested in knowing more about our mediation services, contact the firm to discuss your situation.

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –