What Is the Difference Between an Uncontested Divorce and a Contested Divorce?

Couples will need to settle and agree to the terms of their marital issues in order for a divorce to be finalized. This process can be done through litigation or alternative methods outside of the courtroom. Depending on the spouses’ personal situation, the type of divorce that occurs may vary. Facing a divorce in New Jersey may mean that you can be in a contested or uncontested divorce. Whichever way your divorce proceeds, it is important that you retain the services of an experienced divorce attorney who will keep you and your family’s best interest in mind. No matter the circumstances of your divorce, we are here to help. Give our firm a call today to schedule your initial consultation.

What is an uncontested divorce?

An uncontested divorce occurs when both spouses have reached an agreement regarding the terms of their divorce. It can also occur when one spouse ignores a Complaint for Divorce and the court issues a default judgment. Most commonly, uncontested divorces occur when couples settle their divorce on their own, without issues. Uncontested divorces are typically for couples who settle their divorce via mediation or another alternative method.

What is a contested divorce?

If spouses cannot agree on the terms of their divorce, they will then enter a contested divorce. This process will entail both spouses’ martial assets entering litigation which makes all marital assets subject to equitable distribution. This means that New Jersey courts will then distribute the spouses’ assets as they see fit. This is a reason why couples want to avoid entering a contested divorce and seek to avoid litigation altogether.

The other matters that will come into question in a contested divorce outside of the division of marital assets include child custody, child support, alimony, and more. Child support is a concern for many divorcing parents as well as the chance of losing custody of their child altogether.

If you are in a contested divorce, it is important that you retain the services of an experienced divorce attorney who will assist you with this legal process. Our legal team understands all that is at stake when facing a contested divorce. We will do everything in our power to attain a positive outcome for your divorce and the divorce matters you may be facing. Give our firm a call today to learn more about our services and how we can assist you.

CONTACT OUR EXPERIENCED NEW JERSEY FIRM

If you require strong legal representation for matters of divorce and family law in Rumson, Monmouth County, or anywhere in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.