What to Know About Contested and Uncontested Divorce?

Divorces are stressful and complex. They also depend heavily on the behavior of both spouses involved. There are different types of divorce types: contested and uncontested divorce, and they are determined by whether or not both parties are able to reach an agreement on the terms of their marriage. If you are going through a divorce, it is in your best interest to reach out to our skilled New Jersey divorce attorneys to discuss your options.

What is a contested divorce in New Jersey?

If both parties cannot reach common ground on their marital issues, it is known as a contested divorce. This happens when neither spouse signs an agreement, which leaves many marital issues and terms left unresolved. In the event that this happens, a judge is selected to execute these decisions in order to reconcile the couple’s disputes. This may include decisions regarding issues such as child support, custody, the division of assets, and alimony.

A spouse can cite either “fault” or “no-fault” grounds before the divorce proceedings begin. If no-fault grounds are cited, it means that neither spouse is holding the other accountable for the end of their marriage. Once this happens, the couple may begin the proceedings. On the other hand, when a spouse does cite fault grounds, it indicates that they are holding the other spouse responsible for the divorce. This may be due to one of the following situations:

  • Adultery
  • Abandonment
  • Desertion
  • Incarceration
  • Institutionalization
  • Extreme cruelty

What is an uncontested divorce?

An uncontested divorce occurs when both spouses think that their marriage cannot be fixed and agree to the terms of their divorce. This is also called an “Irretrievable Breakdown of Marriage.” When this happens, a couple must resolve all marital issues before the proceedings begin. This usually encompasses matters such as alimony, child custody and support, parenting time, division of assets, and any payment of debts.

If a divorce is uncontested, the spouses can pick a method of divorce outside of litigation. This may include options such as mediation, arbitration, or collaborative divorce. These processes are optional, even though they are generally beneficial for both parties and their families involved in the divorce.

If you are going through a divorce and would like to seek legal counsel, do not hesitate to reach out to our firm today.

Contact our Firm

We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. 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. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.