Peter T. Harris Divorce Law Blog on Lawyers.com

Divorce Types in New Jersey

Tuesday, September 29, 2009 by Peter T. Harris

Divorce attorneys of the firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C. would like to clarify the differences between the two types of divorce laws in New Jersey: uncontested and contested.

Uncontested Divorce

An uncontested divorce comes about when the divorcing couple is in agreement on all key matters and any court proceedings simply serve to legalize their divorce agreement. The issues that the couple must discuss and resolve in order to proceed with an uncontested divorce are:

Division of property and assets – Includes cars, homes, saving accounts, etc.
Alimony – Includes to whom (if at all) support payments will be paid, how much, and for how long
Custody, support, and parenting time of children – Includes who will have physical and/or legal custody, how much support will be paid by whom for how long, and a schedule for visits by the non-custodial parent if shared custody isn’t arranged

Whatever agreement you reach with regard to these issues must be put into writing and signed by the parties. Eventually the terms of the agreement will become the terms of the divorce decree.

Contested Divorce

Contested New Jersey divorce laws are not nearly as straightforward. In these cases, the couple cannot agree on one or more terms of divorce and the case usually goes to trial to resolve their differences. Some examples of potential contention are when one or both spouses:

Wants full custody of a child or extensive parenting time
Demands hefty child support payments
Feels entitled to more of the couple’s assets
Has issues regarding the disposition of the marital home
Doesn’t want to contribute to paying off past debts
Expects to receive alimony

When a divorce is contested, the couple involved has no choice but to let the court decide all contested matters. Both parties need the services of a skilled attorney to represent their interests in court and during the final settlement phase.

Article Provided By:

Einhorn, Harris, Ascher, Barbarito, & Frost, P.C.
165 East Main Street
P.O. Box 3010
Denville, NJ 07834
866-571-0905

Posted at 13:36 PM

Topic: Divorce