When a marriage ends, some couples are able to work through their differences and agree on the terms of the divorce, while others encounter disputes that require court intervention. In New Jersey, divorces are classified as either uncontested or contested. Understanding the difference between the two can help you choose the right approach for your situation and prepare for what to expect throughout the process.
An uncontested divorce occurs when both spouses agree on all major issues, including child custody, division of property, alimony, and child support. These cases typically proceed more quickly and with fewer court appearances because there are no disputes for a judge to resolve. In many cases, the spouses may already have a marital settlement agreement in place or reach one soon after filing.
A contested divorce, on the other hand, arises when there are unresolved issues that the spouses cannot agree on. These may include financial disagreements, disputes over parenting time, or concerns about asset division or alimony. Contested divorces generally involve more time, legal filings, and court involvement. If the parties are unable to reach a resolution, the case may proceed to trial, where a judge will make the final decisions.
Whether a divorce is contested or uncontested, New Jersey law requires the resolution of key issues before a final divorce decree is granted. These include child custody, child support (as determined by the New Jersey Child Support Guidelines), equitable distribution of marital property, and spousal support or alimony, which is based on factors such as the length of the marriage and each spouse’s financial situation.
Most divorces in Bergen County start as uncontested, particularly when both spouses want to separate amicably. However, even in cooperative situations, disagreements may arise during negotiations, turning the case into a contested divorce. In other cases, the divorce is contested from the beginning, especially if one spouse files based on one of New Jersey’s fault-based grounds for divorce, such as adultery, abandonment, addiction, extreme cruelty, or incarceration. If you choose to file on fault-based grounds, you must be prepared to provide evidence supporting your claims in court.
Mediation can be an effective tool for resolving disputes in contested divorces. It allows both spouses to meet with a neutral third-party mediator who helps guide discussions and identify common ground. Mediation is often encouraged by Bergen County family courts, particularly when children are involved. Even if mediation does not resolve every issue, it can reduce the number of contested matters and help streamline the divorce process.
Legally, it does not matter which spouse files first. However, there may be strategic advantages to filing before your spouse. By filing first, you may have more time to organize your financial records, prepare your legal arguments, and control the timing of the proceedings. Additionally, the filing spouse typically presents their case first at trial, which may offer some procedural benefit. A knowledgeable Bergen County divorce lawyer can help you evaluate whether filing first is the best option in your case.
Whether your divorce is contested or uncontested, the legal team at Marotta Blazini Dunleavy LLC is here to guide you through the process. Our Bergen County divorce lawyers provide skilled, compassionate representation to help you resolve your divorce efficiently and protect your future. To schedule a free consultation, call 201-368-7713 or complete our online contact form. We are located in Maywood, New Jersey, and proudly serve clients throughout Bergen County and the surrounding communities.
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