In some cases, a marriage may not end in the most positive way. When couples disagree on the terms for of a divorce or the grounds for divorce, it is considered a contested divorce. Though a party may not agree on the grounds for divorce, that does not stop the process from going forward as New Jersey is a “no-fault” divorce state, allowing for irreconcilable differences to be cited as one of the appropriate grounds for divorce. If you want a divorce, no one can stop you. Some issues keep a divorce from being uncontested. Contested divorces are almost always about the same key issues. These include:
These factors often lead to emotionally-charged court battles and drawn-out litigation. The dedicated Sussex County, New Jersey divorce attorneys of Paris P. Eliades Law Firm, LLC are here to assist you through tough times. We understand how emotional divorce cases can be and hope to guide our clients towards a better situation. Allow our firm to assess your case, guide you through your options, and take the necessary actions to secure a better future.
Distribution of assets leads to contested divorces
One of the most contested issues in a divorce case is the division of assets and equitable distribution. New Jersey is an equitable distribution state and that does not always mean equal or 50/50. Equitable means a fair and just allocation based on the facts of the case. Often, each party feels entitled to a certain split of the assets based on a preconceived notion that almost always differs from the other. When contesting division of assets, one party often believes they deserve more than they are going to get. Sussex County courts will take into consideration many factors when allocating assets and judge on the matter.
Spousal support leads to contested divorces
Another considerably contested issue that stop divorces from being uncontested is spousal support. This is an emotionally-driven topic because both parties believe that they are entitled to a certain support structure, whether it involves paying or being paid. Often, the involved parties differ in opinion on who has contributed more to the marriage. One party may believe that they contributed more financially while the other believes they have contributed more through deferred goals that helped them stay home with the children.
Child custody and visitation leads to contested divorces
One of the most emotional topics that lead to contested divorces is child custody and visitation. Parents want to have the most active possible role in their child’s life. The thought of a child living away from them a few nights a week can be too much for some. When parents have to address physical and legal custody of a child, they feel entitled to a certain structure and their opinions on the matter may differ. Agreeing on a child custody and visitation structure can turn heated, leading to a court battle in which a judge decides for them.
Child support leads to contested divorces
Child support can lead families to a contested divorce case. If one parent has physical custody, the other may believe that they shouldn’t be financially responsible for the child who rarely lives with them, especially if one has sole custody. This is obviously not the case and the state mandates that parents support their children. Unfortunately, some parents cannot agree to an amicable support structure and must have a court decide on the matter for them. Whatever the case, both parents will ultimately have to support their children until they are deemed emancipated by a judge.
Contact an attorney with your best interests in mind
At Paris P. Eliades Law Firm, LLC, we understand that divorces can be highly emotional ordeals. We hope to guide our clients through the process with the utmost compassion for their situation in order to move a contested divorce case to an uncontested one. Our dedicated attorneys understand these are tough times and we offer you the personalized attention you deserve in order to lessen the stress and truly guide you through your options so that this ordeal can end in the most positive light. Contact our firm today.
48 Sparta Avenue
Sparta, NJ 07871