Bergen County Contested and Uncontested Divorce Lawyers

Divorce is never easy, but understanding your legal options can help you move forward with greater clarity and confidence. If you’re considering divorce in Bergen County, one of the first decisions you’ll face is whether your case will proceed as contested or uncontested. These paths differ significantly in terms of time, cost, and emotional impact.

What Is the Difference Between Contested and Uncontested Divorce?

In New Jersey, a divorce is considered uncontested when both spouses agree on all key issues, such as property division, child custodychild support, and alimony. With no disputes to resolve, uncontested divorces tend to be faster, less expensive, and more amicable.

A contested divorce, on the other hand, arises when spouses disagree on one or more of these issues. These cases often require more time, legal negotiation, and may ultimately involve court intervention for resolution.

Comparing contested vs uncontested divorces

What Are the Benefits of an Uncontested Divorce?

When possible, an uncontested divorce offers several advantages:

  • Lower legal costs due to fewer court appearances and reduced attorney time.
  • A shorter timeline—often just a few months.
  • Greater privacy, since many matters are resolved outside of court.
  • Less emotional stress, particularly for spouses with children.
  • More control over the final outcome rather than having a judge decide.

How Do I Know If My Divorce Will Be Contested?

While many spouses begin the process hoping for an uncontested divorce, disagreements may arise. Your case may be contested if:

  • Your spouse does not respond to the divorce filing.
  • You and your spouse disagree over dividing property or debts.
  • There are disputes over child custody, visitation, or parenting decisions.
  • One spouse is seeking alimony and the other opposes it.
  • There are suspicions of hidden assets or financial misconduct.


In a contested divorce, the legal process typically becomes more involved. After filing a Complaint for Divorce, the other spouse has 35 days to respond. Both parties then engage in discovery, exchanging financial documents and other relevant information. You may also attend case management conferences, pre-trial motions, and possibly a trial if a settlement is not reached. While most contested cases settle before trial, they usually require more time and legal guidance.

Can Contested Divorces Be Resolved Through Mediation?

Yes. Mediation is an effective tool for resolving disputes in both contested and uncontested divorces. New Jersey courts often encourage or require mediation, particularly in cases involving child custody or parenting time.

During mediation, a neutral third party (the mediator) helps both spouses negotiate and reach an agreement on unresolved issues. Mediation can be a smart choice if:

  • You want to avoid the cost and time of litigation.
  • You’re open to compromise.
  • You need more flexible solutions than a court might impose.
  • You prefer to keep your family matters private.


While mediation is not always successful, it can reduce conflict and preserve a degree of control over the divorce outcome.

What Issues Must Be Resolved During Divorce?

Whether your divorce is contested or uncontested, certain issues must be addressed before the court can issue a final judgment:

  • Child Custody: Legal and physical custody arrangements and parenting time.
  • Child Support: Calculated based on the New Jersey Child Support Guidelines.
  • Property Division: Equitable distribution of marital assets and debts.
  • Alimony: May be awarded based on the length of the marriage, income disparity, and other factors.


Resolving these matters amicably—when possible—can make the process faster and less stressful.

What Is the Divorce Process in Bergen County?

The general process for both contested and uncontested divorces in Bergen County includes:

  • Filing a Complaint for Divorce with the Bergen County Superior Court in Hackensack.
  • Serving the complaint to the other spouse, who has 35 days to respond.
  • Discovery: Exchanging financial documents and other relevant information.
  • Negotiation or Mediation: Attempting to reach a settlement.
  • Optional Arbitration: If parties agree to submit disputes to a neutral third party for a binding or non-binding decision.
  • Trial: If no settlement is reached, the case goes to court, and a judge decides the unresolved issues.

How Long Does a Divorce Take in Bergen County?

The timeline depends largely on whether the divorce is contested:

  • Uncontested divorces can be completed in as little as two to four months, assuming full cooperation and proper paperwork.
  • Contested divorces may take a year or more, particularly if the case proceeds to trial. Factors such as discovery, court scheduling, and negotiation length can all affect the timeline.

Is It Worth Fighting for Certain Issues in a Contested Divorce?

In some cases, it may be necessary to contest certain matters, especially if:

  • You believe your spouse is hiding assets.
  • You are concerned about your child’s safety or well-being.
  • You need fair financial support for your post-divorce stability.


However, litigation can be emotionally and financially draining. It’s important to weigh the long-term benefits against the costs. An experienced divorce lawyer can help you determine when it’s best to compromise and when it’s worth pursuing a firm legal position.

How Can Marotta Blazini Dunleavy LLC Help With My Divorce?

At Marotta Blazini Dunleavy LLC, we understand that every divorce is unique. Whether your case is contested or uncontested, our Bergen County divorce lawyers provide personal attention, practical strategies, and experienced representation to guide you through the process. We can assist with:

  • Preparing and filing your Complaint for Divorce.
  • Negotiating custody, alimony, support, and property agreements.
  • Representing you in mediation, arbitration, or court proceedings.
  • Protecting your rights and financial interests at every step.


With decades of experience handling complex family law matters, we are committed to minimizing stress while helping you achieve a fair and lasting outcome.

Protect Your Rights with Our Bergen County Contested and Uncontested Divorce Lawyers at Marotta Blazini Dunleavy LLC

Having the right legal support can make all the difference, especially when disputes arise. At Marotta Blazini Dunleavy LLC, our dedicated Bergen County contested and uncontested divorce lawyers are here to guide you. Call 201-368-7713 or complete our online contact form to schedule a free consultation. We are located in Maywood, New Jersey, and proudly serve clients across Bergen County and the surrounding areas.

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