What is a Contested Divorce?

One of the most common reasons for divorce is that couples simply cannot get along. When this is the case, the rather unfortunate reality is that couples who cannot get along in marriage do not agree in divorce. This makes the divorce process all the more complicated, as now, both spouses will have to fight for their financial security while simultaneously trying to manage their emotional well-being.

Contested divorces are challenging for all parties involved, especially if you have children, which is why you must read on and seek the assistance of an experienced, compassionate attorney who is willing to help you through the legal process going forward. If you find yourself in this situation, here are some of the questions you may have:

What happens in a contested divorce?

When you cannot agree on the terms of your divorce with your spouse, your divorce may fall into the litigation process, where your assets will be subjected to equitable distribution. Unfortunately, the term “equitable” rarely means “equal,” which causes both spouses to feel discontented with the outcome of their divorce. When you enter the litigation process, your divorce is brought into a courtroom setting, and the terms of your divorce will be decided by a judge. If this sounds like a dreadful experience to you, you are not alone. Many people feel the same way. Fortunately, in some cases, you may be able to avoid the litigation process altogether.

Are there alternatives to the litigation process?

Fortunately, you may avoid the litigation process either by hiring a divorce mediator, arbitrator or by entering into a collaborative divorce. Essentially, the function of a divorce mediator is to facilitate civil conversation between you and your spouse regarding the terms of your divorce, outside of the courtroom setting. A divorce mediator is a neutral third-party, and the goal of all mediation sessions is to achieve a fair and just compromise for both parties.

Generally, when successful, both spouses are content enough to finalize their divorce on those terms. Mediation gives couples a chance to voice their opinions and directly influence the outcome of their divorce. If this sounds like something that may work for you, please reach out to our firm and see how we can help.

Contact our experienced Bergen County firm

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee.

To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about moving out of your marital home during your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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