Contested Divorce

Contested Divorce

Contested Divorce Attorneys Bergen County, NJ

What is a Contested Divorce?

Any time a person files for divorce in New Jersey, their spouse has the option to “contest” the divorce complaint. Importantly, contesting a divorce (unless that divorce is a fault-based divorce), will not prevent the divorce from ultimately happening, rather, contesting a divorce allows an individual to contest the terms of their property settlement agreement.

Property settlement agreements, also known as divorce settlement agreements, are the documents that will outline how the key divorce issues of child custody, child support, division of assets, and alimony will be resolved. You must ensure that your property settlement agreement is fair to you and protects your legal, financial, and parental future.

By contesting a divorce complaint, that doesn’t mean your divorce has to be contentious or overly stressful, it simply means that you wish for a more thorough discussion to take place, ultimately resulting fairer terms regarding your property settlement agreement.

At The Law Office of Townsend, Tomaio & Newmark, our family law attorneys have extensive experience helping clients to fairly, peaceably, and efficiently resolve their divorce.

Call our office today to discuss your divorce and how we can help you to protect your best interests moving forward in a free and confidential consultation with our attorney team.

My Spouse has Filed a Divorce Complaint, What Should I Do?

When a divorce complaint is filed, the defendant (the person receiving the complaint) has 35 days to respond to this complaint. If they fail to respond within this time-frame, the person filing for the divorce will likely ask for a default divorce judgment, usually in favor of the filing party, since the defendant didn’t even bother to respond to the claim.

If, on the other hand, the defendant chooses to “answer” the divorce complaint, their divorce will become contested, meaning the divorcing couple will first need to negotiate a property settlement agreement before the divorce can be granted. Again, it is important to remember that just because your divorce becomes “contested”, it doesn’t necessarily mean it has to be a contentious process.

If you have received a divorce complaint, it is highly recommended that you contact our experienced Bergen County divorce attorneys before responding to your complaint. Of course, the 35-day window you have to respond means the sooner you consult with an attorney, the sooner you can be informed as to your various options, discuss your specific needs and concerns when it comes to your property settlement agreement, and decide how to best proceed with your divorce in your unique situation

Negotiating a Property Settlement Agreement

Divorcing couples in New Jersey have a wide variety of options when it comes to choosing how they will negotiate their property settlement agreement. For many couples, Alternative Dispute Resolution methods such as divorce mediation, collaboration, or arbitration can provide several attractive benefits, but these methods each require a certain level of commitment from both parties. For more information regarding these divorce alternatives, their benefits, processes, and requirements, please view our alternatives to court-based divorce page.

Additionally, if these ADR methods do not work for your situation, there are a variety of other approaches you and your Ridgewood divorce lawyer may take to efficiently resolve your divorce. For example, you may find resolutions that work for both parties through simple pre-trial negotiations and discussions. If no amount of negotiation can yield a fair settlement, you and your divorce lawyer will present your position and arguments to a judge, and he or she will make a final decision regarding any outstanding issues you may have.

Regardless of which method may make the most sense for you during your divorce, the most important factor is that you have an experienced attorney on your side throughout the process. Considering the difficulty of a post-divorce appeal and the highly final nature of any divorce settlement agreement, it is extremely important that, whether through a divorce alternative, divorce negotiation, or divorce litigation, whatever divorce settlement agreement you ultimately reach is fair to you, takes into account your unique needs and concerns, and accurately protects your legal, financial, and parental futures.

Contact Our Hackensack Divorce Settlement Agreement Attorneys Today

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to resolve their divorce and the related issues of child custody, child support, spousal support, and marital asset division.

By practicing exclusively on family and divorce law, our firm can focus on providing each of our clients with the knowledgeable, effective, and attentive legal counsel that they need and deserve in such critical matters. Our firm believes that by listening closely to the needs and concerns of our clients and keeping them highly informed and involved throughout the legal process, we can better work to achieve the type of resolution that best meets our clients’ needs.

To speak with our firm today in a free and confidential consultation regarding your divorce, your options for resolving your divorce, and how exactly we can help you to do so, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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