How Do I Cope With The Stress Of Divorce?
Divorce is never easy, but having the right team of lawyers in your corner can make a world of difference. If you’re facing a divorce, our Morris County family lawyers are here to effectively represent your interests at every turn. Contact Leslie Law Firm for your initial consultation so we can discuss your case.
A contested divorce occurs when spouses are unable to agree on one or more key issues, requiring court intervention to reach a resolution. Unlike an uncontested divorce, where both parties mutually agree to the terms of their separation, a contested divorce involves disputes over matters such as child custody, child support, alimony, or the division of assets and debts. These disagreements can make the process more complex, time-consuming, and costly.
New Jersey is a no-fault divorce state, meaning that a couple does not need to prove wrongdoing to file for divorce. However, contested divorces often involve fault-based grounds—such as adultery, abandonment, or extreme cruelty—which can impact certain aspects of the case, such as spousal support or custody determinations.
If you and your spouse cannot reach an agreement on critical divorce-related matters, the case will proceed through litigation, where the court will make final determinations. Given the emotional and financial stakes involved, it is essential to have skilled legal representation to protect your interests and advocate for a fair resolution. The seasoned Morristown divorce lawyers here at Leslie Law Firm are here to help.
The contested divorce process in New Jersey follows several distinct stages, each of which plays a crucial role in determining the final outcome of the case. While every divorce is unique, the general steps include:
An uncontested divorce is one in which only one spouse files papers with the court. The other party is aware of the proceeding but does not file an “answer” to the complaint. In the absence of an answer, the court will enter a judgment of divorce by default.
Most of the time, uncontested divorces take place in situations where the parties have already reached an agreement regarding their mutual rights and obligations. This agreement is usually called a Property Settlement Agreement, which addresses all issues between spouses. When the court enters the judgment by default, the judgment usually includes the terms of the Property Settlement Agreement. After they are filed with the court, the papers are delivered to the defendant, who has the right to file an answer to the complaint within thirty-five days of the date of service.
After thirty-five days, if the defendant has not answered the complaint, the plaintiff’s attorney will ask for a judgment of divorce without a trial because the other party did not answer. After entering the default, the court holds a hearing to make a finding that both parties have entered into the Property Settlement fairly and knowingly. As a rule, the plaintiff must attend the hearing with his or her attorney. It also is advisable for the defendant to attend with counsel, not only to protect his or her rights, but also to assure the court that the Property Settlement Agreement was agreed upon fairly.
If everything is in order, the judge will then grant the divorce by signing a form of judgment prepared by the plaintiff’s attorney and will staple the PSA to the judgment. This will “incorporate” the PSA into the judgment, making the agreement a part of the judgment itself and transforming the private agreement of the parties into the formal judgment of the court. The parties are then divorced.
Several factors may come into play during your divorce settlement. At Leslie Law Firm, your divorce structure, timing, equitable distribution of assets, alimony, and custody will all be handled with grace and decency.
Divorce settlements can be quick and easy to forge, but others are more difficult. They don’t have to be contentious. Both parties are likely to be emotional, either from a breakdown in the relationship over time or because of a “surprise” divorce announcement from one party. Keeping an open mind is important, and several methods can yield a satisfactory settlement for all parties involved. Not all divorce proceedings need to lead to a court battle. Your family law attorney will lead you through the process, work with all attorneys and necessary experts, and help you proceed to the next step: your future.
In preparation for your first meeting at Leslie Law Firm, please compile the following documents:
You will be asked to complete a CIS (Case Information Statement) of income and expenses. Fill this out honestly and to the best of your ability. If you know your spouse’s financial details, you may also enter them into this form. The CIS will help paint a picture of your lifestyle—the one with your spouse and your current amended lifestyle, now that you are estranged. The CIS will ask for detailed information about your monthly expenses, from daycare costs to your typical medical bills. You will be able to itemize your habits, both good and bad, by listing health club memberships and tobacco use. The more proactive and thorough you are about pulling together your financial details, the more smoothly the process should proceed.
Please be aware that you may be required to respond quickly to our requests for paperwork or signatures to facilitate court filing dates. You can often send files via fax or email for a faster turnaround. We generally have staff at our office from around 7:30 am to 7:00 pm, but call us to give us a heads-up if you are stopping by to drop something off.
Here at Leslie Law Firm, we recognize that divorce is a life-changing event, and you have our pledge to treat your case with the utmost care. Contact our knowledgeable and dedicated Morristown divorce lawyers for an initial consultation today.
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