If you are considering filing for divorce in New Jersey, it’s important to understand the different factors and elements of this process that you should take into consideration. For example, it’s in your best interest to explore the differences between a contested and uncontested divorce, which will depend heavily on the ability of you and your spouse to agree on matters in your divorce. As such, the following blog explores what you should know about these types of divorce and why it’s in your best interest to connect with Morristown divorce lawyers to help you navigate this difficult process.
How Do a Contested and Uncontested Divorce Differ?
Generally, the primary difference between a contested and uncontested divorce is whether or not both spouses are able to reach an agreement. When one party files for divorce, they will include terms and conditions in their petition in relation to matters like alimony, child custody, and property division, among other matters. This is known as relief. If the other spouse, the respondent, agrees with all terms and conditions, the divorce will be considered uncontested. This is because there are no contested issues. As such, the divorce will typically proceed faster, as there is no need for negotiation, mediation, or litigation.
When the respondent spouse disagrees with one or more of the key issues at hand, the divorce will be considered contested. This process is generally more complicated than an uncontested divorce because it requires more time and resources to settle. You’ll find that this kind of divorce can take longer, as you and your spouse must attempt to reach an agreement on your own before the court will intervene. Typically, this requires negotiation between you and your spouse, and if you are still unable to reach an agreement, you may be required to pursue mediation. If mediation is unsuccessful, the court will intervene and examine the case to determine the outcome.
Which Option Is Right For My Circumstances?
While many people ideally wish to pursue an uncontested divorce, this is not always the case, especially if their spouse is uncooperative or unrealistic in what they are seeking from the divorce. As such, it’s in your best interest to connect with an experienced divorce attorney to help you during this process, regardless of which kind of divorce you wish to pursue. While many prefer the option of a shorter, less-stressful uncontested divorce, a contested divorce may be inevitable based on your unique circumstances.
At Leslie Law Firm, our dedicated legal team can help you explore your options during this process so you can feel confident making the best decision for your circumstances. When you need assistance, our firm is here. Contact us today to learn how we can help you fight for the best possible outcome for your divorce.
