What is the Difference Between Contested and Uncontested Divorce?

Modifications to Alimony and Child Support, What You Need to Know

Those in New Jersey getting a divorce are either in a contested divorce, or an uncontested divorce. If you are someone who is getting divorced, you must read on and reach out to our experienced New Jersey divorce attorneys to learn more about the legal process going forward and how we can help. Here are some of the questions you may have:

What is an uncontested divorce?

An uncontested divorce is when you and your spouse have either reached an agreement regarding the terms of your divorce, or your spouse simply ignored your Complaint for Divorce and the court issues a default judgment. However, typically, uncontested divorces are for couples who settle their divorce themselves without issue, or those who settle their divorce via mediation or another alternative method.

What is the contested divorce process like?

On the other hand, if you and your spouse cannot agree on the terms of your divorce, then you are in a contested divorce. In the contested divorce process, you and your spouse’s marital assets will enter litigation. Unfortunately, marital assets are subject to equitable distribution, which essentially means that New Jersey courts will distribute your assets as they see fit. Very often, this becomes a financially and emotionally taxing process for both spouses, which is why many people seek to avoid litigation altogether.

There are several other matters that will come into question in a contested divorce outside of the division of marital assets. For example, child support and child custody are two of the most hotly contested issues in New Jersey divorces. Nobody wants to lose physical custody of their child, and when they do, they very often feel as though they are not financially obligated to continue paying for their child’s needs. Thus, child support is almost always a huge concern for divorcing parents.

Additionally, financially dependent spouses will oftentimes seek alimony or spousal support payments from their spouse after the divorce to maintain their standard of living. However, it is not uncommon for the independent spouse to reject the extent of those payments, or even reject them altogether. If you are in a contested divorce, this is just one more reason why you need an experienced Bergen County divorce attorney on your side.

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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