What is a Contested Divorce?

couple arguing in kitchen

If you and your spouse are breaking up and cannot agree on anything, then your divorce is going to be considered a contested divorce. It can take a lot of work to untangle a couple going through this kind of divorce but you do not have to worry too much. Our contested divorce attorneys in Bergen County, NJ are more than capable of helping you get through this process.

What Needs to Be Settled in a Contested Divorce?

There could be all sorts of factors complicating a contested divorce. Spouses could disagree on a wide variety of topics, including:

  • Child support
  • Child custody and visitation
  • Property distribution
  • Which accounts should be split up equitably
  • How debts should be handled
  • Who gets control of a family business

Not all of these are easy topics to deal with, but an attorney from our firm can make it easier to manage everything and fight for the best possible outcome.

Do You Need to Go to Court With a Contested Divorce?

Going to court is certainly a possibility in a contested divorce, but there are some other methods to deploy first. Mediation and arbitration come to mind.

In mediation, you and your spouse sit down with a neutral third party and discuss some of the above topics. You try to come together and make a deal that is amenable to both of you. Arbitration is similar, but the decision reached during these sessions is legally binding.

If you and your spouse fail to negotiate on your own, you have to go to court. A judge can then figure out any other outstanding issues and resolve them. However, the judge is not necessarily going to resolve them to your satisfaction. Maybe you want the car, but the judge says it should be sold. This is why trying to come together and negotiate earlier is in the interest of both spouses.

Is a Contested Divorce Expensive?

In many cases, a contested divorce can be more expensive than an uncontested divorce. A contested divorce is likely to go on for a while longer just because there are so many things that need to be settled. Whether you choose mediation or litigation, having to work through all of these issues can take a long time.

Do I Need an Attorney?

Going through a contested divorce can be difficult, especially if your spouse is going over every single aspect of your divorce agreement and picking fights over each thing. An attorney who is experienced in other problem-solving methods, like mediation, can prepare you for just about anything. They can also let you know when a divorce agreement does not look favorable for you and if some things should perhaps be discussed again.

Contact Our Law Firm

We know that this process can be difficult, so let our compassionate, experienced divorce attorneys guide you through it. Contact Townsend, Tomaio & Newmark and schedule a consultation with our team today. We can tell you more about how we can be of assistance.

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