What Is A Contested Divorce in New Jersey?

When a marriage comes to an end, getting a divorce is not always as simple as signing a few documents and going your separate ways. In fact, many spouses find that although they both understand their marriage is over, they have very different ideas about what should happen to their home, finances, children, and other important parts of their lives. When this occurs, they will most likely find themselves in what is known as a contested divorce.

A contested divorce can be lengthy, document-heavy, and emotionally difficult, especially when several significant issues remain unresolved. That being said, simply because a divorce begins as contested does not mean the spouses will have to go to trial, as they may still negotiate an agreement at virtually any point during the process. Read on and reach out to a skilled Atlantic County divorce lawyer from the Law Office of Stephanie Albrecht-Pedrick, LLC to learn more about contested divorce in New Jersey and how our legal team can effectively guide you through the process. Here are some of the questions you may have:

What Is the Difference Between a Contested and an Uncontested Divorce?

There are two primary types of divorce: contested and uncontested. Put simply, an uncontested divorce means that both spouses agree to end their marriage and have reached an agreement regarding all divorce-related issues. Some of the terms that must be resolved are as follows:

• Child custody
• Parenting time
• Child support
• Alimony
• The division of marital property
• The division of marital debt
• What will happen to the marital home
• The distribution of retirement accounts and other assets

If spouses disagree about even one of these matters, their divorce is technically contested. Of course, there is a considerable difference between a couple who agrees on everything except one parenting-time concern and a couple who cannot agree on virtually anything.

Fortunately, contested divorces do not always remain contested. If the spouses can settle their remaining disagreements through negotiation, mediation, or another settlement process, they may submit their agreement to the court and avoid having a judge decide those issues at trial.

Can a Contested Divorce Still Be a No-Fault Divorce?

Yes, a contested divorce in New Jersey can still be filed as a no-fault divorce.

Many people understandably assume that “contested” means one spouse is accusing the other of wrongdoing. However, these terms refer to two separate parts of the divorce process. Whether a divorce is contested concerns the spouses’ ability to agree on its terms, while fault or no-fault grounds concern the legal reason for ending the marriage.

In New Jersey, spouses can file for a no-fault divorce based on irreconcilable differences. Generally, this means the differences have caused the marriage to break down for at least six months, and there is no reasonable possibility that the spouses will reconcile.

Neither person must prove that the other was responsible for destroying the marriage. Nevertheless, they may still disagree over custody, alimony, property distribution, or another important issue, which would make the case a contested no-fault divorce.

What Will Need to Be Decided in a Contested Divorce?

Exactly what must be decided will depend on the marriage, the family’s circumstances, the assets involved, and which matters the spouses have already resolved. Some of the most frequently contested issues include the following:

• Marital property and debt: The spouses must determine how assets and liabilities accumulated during the marriage will be distributed, including real estate, vehicles, bank accounts, investments, credit cards, businesses, and retirement assets.
• Alimony: The parties may disagree about whether alimony should be awarded, how much one spouse should pay, and how long payments should continue.
• Child custody: Parents must address legal custody, physical custody, and who will make important decisions concerning their children.
• Parenting time: A parenting plan may need to account for regular schedules, school breaks, holidays, vacations, transportation, and other practical concerns.
• Child support: The divorce may need to establish basic support, health insurance responsibilities, childcare expenses, and additional costs associated with raising the children.
• Other financial matters: Taxes, life insurance, legal fees, college expenses, and responsibility for maintaining the marital home may also require attention.

Spouses are often able to resolve at least some of these matters through negotiations or New Jersey’s court-supported settlement procedures. Contested financial issues may also be addressed through an Early Settlement Panel and economic mediation.

If no complete agreement is reached, however, the remaining disputes may have to be presented to a Family Part judge, who will then make decisions that can affect both spouses and their children for years. Anyone preparing for a contested divorce should strongly consider speaking with a knowledgeable New Jersey divorce and family lawyer who can protect their rights and help them through the legal process going forward. Contact the Law Office of Stephanie Albrecht-Pedrick, LLC for an initial consultation today so we can discuss your circumstances.