A divorce can either be contested or uncontested. When a divorce is uncontested, spouses can undergo a simpler process to decide on issues before an official divorce is made. This process can include divorce mediation to resolve issues by deciding on outcomes together. If this process is not working for the couple, then they may decide to contest their divorce. For mediation to work, it is important for both spouses to cooperate in order to come to conclusions. If this happens, then the divorce can become contested. This can lead couples to enter into litigation.
Why can a contested divorce lead to litigation?
A contested divorce can lead to litigation because spouses will need to have decisions made for them. Since they are not able to decide on marital issues for themselves, 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. With these issues, 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. This is to ensure their well-being is being taken care of.
Who makes custody decisions?
During divorce proceedings, spouses may decide to go through mediation. For this method, they can work together to come up with a child custody arrangement that works for both of them. If couples are in a contested divorce, they may have to enter into litigation to decide on child custody arrangements. For this situation, a judge will decide on the matter for the couple. Judges take into account all aspects of the child’s life and family situation to ensure they are making a good decision for the child’s best interests.
In New Jersey, the court system tries to rule with the child’s overall well-being in mind. The system wants to keep a working relationship with both parents open for the child. They do not intend to cut a parent out of the child’s life unless the circumstances include abuse or the parent is deemed unfit. The judge will consider aspects involved in the parents’ lives to split custody fairly and justly. If a situation arises in the future, parents have the ability to file a motion with the court to adjust child custody arrangements.
If you require strong legal representation for matters of divorce and family law in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.