What is the Difference Between an Uncontested and Contested Divorce?

Facing a divorce requires the knowledge of the two types of divorce: uncontested divorce and contested divorce. To learn more about the difference between these two types of divorce, continue reading. If you require the assistance of an experienced divorce attorney, do not hesitate to reach out to our firm. Give us a call today if you have any further questions regarding uncontested and contested divorces.

What is an uncontested divorce?

An uncontested divorce occurs when both spouses agree to the settlement of their divorce. This can also be known as an “Irretrievable Breakdown of Marriage.” An uncontested divorce requires both spouses to resolve all marital issues such as child custody, child support, parenting time, alimony, division of assets, and payment of debts. Spouses can choose to divorce through mediation, arbitration, or collaborative divorce instead of facing litigation.

What is a contested divorce?

A contested divorce occurs when both spouses cannot come to an agreement regarding the terms of the divorce and their marital issues. The matters remain unresolved in a contested divorce and neither spouse signs an agreement on their terms of separation. A judge will then make decisions on how to resolve these disagreements regarding issues such as child custody, child support, the division of assets, and alimony.

Spouses are also able to cite “fault” or “no-fault” grounds in an uncontested divorce. Citing no-fault grounds means that neither spouse holds the other responsible for the divorce. However, when a spouse cites fault grounds, this means that they do hold the other spouse accountable for an action that ended their marriage. The following are situations where a spouse may cite fault grounds in a contested divorce:

  • Non-support
  • Adultery
  • Cruel and abusive treatment
  • Impotency
  • DesertionIncarceration for over 5 years
  • Habitual intoxication or drug addiction

If you are facing a contested divorce, it is important that you retain the services of an understanding divorce attorney. An experienced attorney will work to achieve the best possible outcome of your divorce while keeping you and your family’s best interest in mind. Our firm understands all that is at stake in a contested divorce. Give Townsend, Tomaio & Newmark a call today to schedule your initiation consultation. No matter the circumstances of your divorce, we are here to 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 your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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