Divorce can be a very complex and emotionally exhausting time for a couple. While going through the process, there are many legal matters for them to consider that require a great amount of patience. Before a couple may officially dissolve their marriage, there are many marital issues that must be taken care of. As every marriage is different, every divorce can be different as well. Each couple handles the proceedings differently. Therefore, there are several types of divorces in the state of New Jersey. If you are going through a divorce, an experienced attorney can guide you through the proceedings.
Contested Divorce
A contested divorce occurs when a couple cannot agree to the terms of their separation. This, by default, leaves several marital issues unresolved. When this happens, the couple may require the assistance of the court to resolve them. In this case, a judge may take over the decision-making process for the spouses. This may require the judge to make decisions regarding child support, child custody, alimony, and dividing marital assets.
When a contested divorce occurs, a spouse may cite “fault” or “no-fault” grounds. Fault grounds is cited when a marriage falls apart due to adultery, abuse, desertion, habits of intoxications, or a prison sentence of 5 years or more. In the event that no-fault grounds are cited, neither spouse is holding the other accountable for the end of their marriage. When this happens, the divorce proceedings may begin.
Uncontested Divorce
In other divorce cases, spouses sometimes both believe their marriage cannot be fixed. When both of these spouses agree on the conditions of their divorce, it is called an uncontested divorce. When neither spouse is held responsible for the end of their marriage, it can be known as an “Irretrievable Breakdown of Marriage.” The two types of irretrievable breakdowns are:
- 1A divorce: When the couple agrees on all marital issues relating to the divorce.
- 1B divorce: When marital issues are left unresolved.
Alternative Methods
While it is not possible for all, some couples wish to settle the terms of their divorce outside of court without the assistance of a judge. Because of this, there are other options available to spouses to end their marriage. Different methods exist to allow couples the opportunity to come to agreements on their own terms. The methods may cover agreements on marital issues such as child support, child custody, the division of assets, and alimony. Some examples of divorce alternatives are:
- Mediation: Allows couples the chance to negotiate the terms of their divorce with the help of an unbiased third party to mediate any disagreements.
- Collaborative: Allows couples to participate in four-way meetings. These are guided by attorneys to help spouses reach amicable agreements on marital issues.
- Arbitration: An unbiased third party serves as a judge to make all decisions for the couple regarding their marital issues.
Contact our Firm
If you or someone you know is considering a divorce and wish to seek legal counsel to guide them, contact Paris P. Eliades Law Firm LLC. today.
Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. Contact our firm for a consultation today.
