Atlantic County Uncontested Divorce Lawyer

For many couples, divorce is a battlefield. This is understandable, as differences during marriage don’t disappear during divorce. Couples fight over who will get to keep certain assets, what their child custody schedule will look like, and whether alimony or child support is in order, among a variety of other issues. That being said, fortunately, for some, this isn’t the case. When divorcing spouses can agree on all divorce-related issues, they are in what is known as an uncontested divorce. Continue reading and reach out to a knowledgeable Atlantic County divorce lawyer from the Law Office of Stephanie Albrecht-Pedrick, LLC to learn more about uncontested divorce, how the process works in New Jersey, and how our experienced legal team can guide you through the process.

What is an Uncontested Divorce?

Simply put, an uncontested divorce is a divorce in which both spouses are able to agree on all major issues before a judge is asked to decide them.

For a divorce to truly be uncontested, spouses generally must reach agreements regarding matters such as:

• Child custody
• Parenting time
• Child support
• Alimony or spousal support
• Division of marital property
• Division of marital debts
• Any other issue that may be impacted by the divorce

When both spouses are able to reach an agreement on these issues, the divorce process is often considerably simpler than it would otherwise be. Rather than spending substantial amounts of time and money litigating disputes in court, the parties can submit their agreement to the court for approval and move forward with the next chapter of their lives.

In many cases, uncontested divorces in New Jersey are filed on the basis of irreconcilable differences. Essentially, irreconcilable differences means that the marriage has broken down for at least six months and there is no reasonable prospect of reconciliation. Since New Jersey is a no-fault divorce state, many couples choose this option because it generally allows them to avoid making allegations against one another during the divorce process.

That being said, you should understand that an uncontested divorce does not necessarily mean that there are no legal issues involved. Even when spouses agree on most matters, there may still be retirement accounts, real estate holdings, investment accounts, business interests, and various other financial considerations that should be carefully reviewed before any agreement is finalized.

For this reason, many individuals choose to speak with an Atlantic County divorce lawyer before signing a settlement agreement, even if they believe their divorce will remain uncontested from start to finish.

How Common Are Uncontested Divorces?

Many people are surprised to learn that uncontested divorces are actually quite common.

Though highly contentious divorces often receive the most attention, the reality is that many divorcing couples ultimately reach agreements without ever having to proceed through a full trial. In fact, family courts generally encourage parties to resolve disputes through negotiation whenever possible. There are several reasons why uncontested divorces occur so frequently. They are as follows:

• Litigation can be expensive. The longer a divorce continues, the more legal fees and court-related expenses may accumulate.
• Many spouses would prefer to make important decisions themselves rather than leave those decisions in the hands of a judge. When a divorce becomes contested and proceeds to trial, the outcome is ultimately determined by the court. By reaching an agreement outside the courtroom, spouses generally maintain greater control over the result.
• Many parents recognize that minimizing conflict can benefit their children. Divorce is often difficult enough for children without exposing them to ongoing legal disputes between their parents. Because of this, many mothers and fathers make a conscious effort to resolve disagreements through cooperation whenever possible.
• Many couples utilize mediation during the divorce process. During mediation, a neutral third party works with both spouses in an effort to help them reach mutually acceptable solutions. In many situations, mediation helps transform what could have become a contested divorce into an uncontested one.

Generally speaking, uncontested divorces are more likely when:

• The marriage was relatively short
• The parties have limited assets and debts
• There are no minor children involved
• Both spouses are willing to negotiate in good faith
• The parties have realistic expectations regarding the outcome of the divorce

Can Uncontested Divorces Turn Into Contested Divorces?

Yes. In many cases, a divorce that begins as uncontested can later become contested.

This is actually more common than many people realize.

At the beginning of the divorce process, spouses often believe they agree on everything. However, once they begin reviewing financial records, discussing custody arrangements, or negotiating support obligations, disagreements may arise that were not previously apparent.

One common source of conflict involves property division. New Jersey follows the doctrine of equitable distribution. This means that marital property is divided according to what the court determines is fair under the circumstances. As spouses begin evaluating their assets, disputes may develop regarding the value of certain property, whether an asset is marital or separate property, or how specific assets should be divided. For example, disagreements may arise regarding the following:

• The marital residence
• Retirement accounts
• Investment portfolios
• Closely held businesses
• Vacation properties
• Outstanding debts

Child custody issues can also transform an uncontested divorce into a contested one. While parents may initially agree that they both want what is best for their children, they may ultimately disagree regarding parenting schedules, decision-making authority, school choices, relocation requests, or various other issues affecting the child.

Support-related issues frequently create disputes as well. Questions regarding child support and alimony often require detailed financial analysis. Once income records, employment information, bonuses, commissions, and expenses are reviewed, the parties may discover that their expectations differ considerably.

In certain situations, financial concerns may create even larger problems. For instance, if one spouse discovers previously undisclosed assets, hidden income, or significant debts that were not initially discussed, trust can quickly deteriorate and negotiations can become much more difficult.

You should also understand that emotions often play a significant role in divorce proceedings. Even when spouses begin the process on friendly terms, emotions can change as the reality of the divorce becomes more apparent. As a result, disputes sometimes arise unexpectedly.

Fortunately, even if a divorce becomes contested, that does not necessarily mean a trial is inevitable. Many contested divorces ultimately settle through continued negotiations, mediation sessions, or court-sponsored settlement conferences before ever reaching a courtroom trial.

Contact an Atlantic County Uncontested Divorce Lawyer

Here at the Law Office of Stephanie Albrecht-Pedrick, LLC, we are dedicated to representing spouses as they face divorce and other family law matters here in New Jersey. Whether you’re going through an amicable uncontested divorce or a heated contested divorce, it’s always best to proceed with an experienced family lawyer in your corner. Please don’t hesitate to contact the Law Office of Stephanie Albrecht-Pedrick, LLC for an initial consultation today.