Simply put, an uncontested divorce is a divorce placed on an expedited legal track. There are two main ways for a divorce to be uncontested, one being that both spouses reach an agreement without litigation, and the other is when one spouse chooses to ignore the Complaint for Divorce. Call our office today to discuss your divorce and how our firm can assist you.
What makes a divorce an uncontested divorce?
In most cases, an uncontested divorce is defined as couples reaching an agreement regarding the terms of their divorce without issue via mediation, arbitration, or any other alternative method. This agreement will include any issues regarding child custody, division of assets, spousal support, or child support.
Another example of an uncontested divorce is if your spouse chooses to ignore your Complaint for Divorce, resulting in the court issuing a default judgment can also be qualified as an uncontested divorce.
What is the uncontested divorce process like?
The uncontested divorce process begins with filling out a variety of forms that you will obtain from a clerk in your county courthouse. Before filing your divorce complaints, you and your spouse should seek an Alternative Dispute Resolution process such as mediation, collaboration, pre-divorce negotiations, or arbitration. Through these processes, you and your spouse must agree on all the terms you have outlined together in your property settlement agreement. In order for your divorce to be considered uncontested, you and your spouse must agree on all of these terms as part of your initial divorce complaint.
If you decide that the Alternative Dispute Resolution process has not been successful for you and your spouse, you will then file the initial divorce complaint that will state the terms you propose in your initial property settlement agreement. It is likely that your spouse will not agree with these terms and your divorce will then become contested. You and your spouse’s marital assets will then enter litigation.
How can I resolve an uncontested divorce?
After you and your spouse have come to an agreement on all terms of your initial divorce complaint through an Alternative Dispute Resolution process, you will file for an uncontested divorce. This will include the initial divorce complaint and the property settlement agreement. The party who is not filing for divorce will not respond to the divorce complaint. After 35 days, the plaintiff will request a final divorce hearing. Both the plaintiff and the defendant should attend this hearing where a family court judge will review all of the papers that have been filed regarding the divorce. As long as the property settlement agreement is fair and the related paperwork is in order, the judge will sign the final divorce decree and your divorce will be granted.
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 your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.