Why do contested divorces need litigation?

For a contested divorce, someone needs to decide on marital issues. Since uncontested divorces do not go through mediation, they may need to go through other means that have decisions made for them. Mediation can be used to decide on issues, however, contested divorces are usually for couples that are not able to cooperate with one another. A contested divorce can cause the divorce to enter into litigation because spouses will need to have decisions made for them by a judge. Since they are not able to decide on marital issues for post-divorce, a judge will have to make decisions in court. These marital issues can include child custody, alimony, child support, the division of assets and more. When presenting these issues in litigation, there are many aspects that a judge must consider. The judge will consider both sides of the case. This can include all aspects relating to each spouse. When cases involve children, the judge will always put the best interests of the child first.

Can a divorce change from being uncontested to contested?

Both divorces use different ways of making decisions. A contested divorce needs a judge to make decisions while an uncontested divorce can go through mediation. Once each process is completed, a final decision of divorce will be in place. These processes involve decision-making for various issues. When spouses file the paperwork for a divorce, they will claim a fault or no-fault ground, which determines the nature of a case. When no-fault is claimed as a ground, the divorce can be uncontested, leading to a simpler process where the couple is encouraged to work together. This process may involve divorce mediation where couples can meet with a mediator to make decisions on marital issues.

When a fault ground is claimed, it can lead to contested divorce, which may cause the couple to enter into litigation where a judge will make decisions on their marital issues for them. A divorce has the ability to become contested after originally being uncontested if the spouses are unable to continue with divorce mediation. During the mediation process, it can be hard for spouses to cooperate with one another. This may cause them to end mediation if it is not proving to be successful. When they end mediation, they may have to enter into a contested divorce to have their issues resolved in court by a judge.  

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 free consultation.