Divorces can be uncontested or contested due to the conditions stated when a spouse files. Spouses can claim a fault ground or no-fault ground upon filing for divorce. Through this paperwork, it can prove whether the divorce is contested or uncontested. When there is a no-fault ground claimed, the divorce can be uncontested, leading to a simpler process. This process may include divorce mediation. Mediation encourages spouses to work together to decide on marital issues and reach resolutions to avoid court. If a fault ground is claimed when filing the divorce papers, this can lead to a contested divorce. The contested divorce may cause the couple to enter into litigation to have decisions made for them. In litigation, a judge will have to preside over the case and make decisions for the couple regarding their marital issues.
A divorce can become contested after originally being uncontested. If spouses find it difficult to cooperate with one another during mediation sessions, they may be unable to finish the process. This can cause them to contest their divorce instead to have a judge make decisions for marital issues. They may also wish to enter litigation if they are not satisfied with the decisions that are being made in mediation.
Why do contested divorces need litigation?
Uncontested divorces give spouses the opportunity to solve issues through mediation by working with one another and a third party. However, contested divorces cannot be made in the same way since the spouses may not be willing to work with one another to make decisions. A contested divorce can cause the divorce to enter into litigation because spouses will need to have decisions made for them by a judge. Since they are not able to decide on marital issues for their family, a judge will have to do so in court. These marital issues can include child custody, alimony, child support, the division of assets and more. When presenting these issues in litigation, there are many aspects that a judge must consider. The judge will consider both sides of the case. This can include all aspects relating to each spouse. When it comes to cases involving children, the judge will always put the best interests of the child first.
Since marital issues are determined at a certain time with the current circumstances only being considered, they may be changed in the future. Marital issues can be affected by many different aspects in life. For child custody arrangements, a parent may not be complying with the correct standards outline and needs to be brought to court. Other issues may cause changes to alimony payments due to remarriage, death or retirement.
If you require strong legal representation for matters of divorce and family law in New Jersey, contact The Law Offices of Paone, Zaleski & Murray to schedule a consultation with one of our experienced attorneys today.