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.
