Marriage can be a wonderful thing, but unfortunately, even with the best of intentions, some marriages will ultimately end in divorce. If you and your spouse are considering divorce, then you may have heard the terms contested and uncontested. What’s the difference between a contested and an uncontested divorce in New Jersey? We have some answers for you.
What is an uncontested divorce?
When two people who have built lives together decide to part ways, there are a lot of things to consider. Are alimony payments going to be due to one spouse and if so, how much and for how long? Who gets the assets like the house, any cars, possessions, property, etc.? Lastly, but most importantly, if there are children involved, what are the child custody arrangements and will there be child support involved?
For some, agreeing on all these things can be difficult, and worth hiring a lawyer for both parties to help navigate, but if an agreement can be made, then you have an uncontested divorce under New Jersey law.
What is a contested divorce?
Remember all those points that we discussed earlier? If you and your spouse can’t agree on one or more of those areas including alimony terms, distribution of assets, child custody arrangements, and child support, then you have a contested divorce.
Is a contested divorce more expensive?
Unfortunately, a contested divorce is going to be considerably more expensive. This is because in order for a contested divorce to be resolved it has to go to trial. Both parties will have to have lawyers to be adequately represented during the trial and that means increased legal fees.
Additionally, a trial can be time-consuming. You should weigh the cost in both time and money of a trial against your main points of contention to try to come to an agreement and work towards an uncontested divorce. However, if those primary points of contention involve your custody arrangement or financial matters that outweigh the costs of a trial, then perhaps contested divorce proceedings are necessary.
Divorce lawyer in New Jersey
When it comes to divorce in Hudson County areas like Jersey City, West New York, Newark, Hoboken, Bayonne, and more you want Carvajal Law in your corner. We specialize in all forms of family law including both contested and uncontested divorce. Reach out to us today!
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