Every divorce carries its own set of challenges, from dividing assets to arranging parenting time and financial responsibilities. Whether spouses agree on every aspect of the separation or have disputes, having a clear understanding of the available legal paths is important.
At Marotta Blazini Dunleavy LLC, our lawyers work with individuals involved in contested and uncontested divorces. We provide legal guidance designed to protect their interests while addressing the unique circumstances of each case.
An uncontested divorce occurs when both parties agree on all major issues, including property division, child custody, parenting time, and financial obligations. A contested divorce arises when disagreements exist over one or more matters, which may require negotiation, mediation, or litigation before reaching a resolution.
Uncontested divorces are typically finalized more quickly, sometimes within a few months, because there are fewer disputes to resolve. Contested divorces can take significantly longer since disagreements may lead to court appearances, discovery, and trial. Court scheduling and the complexity of financial issues can also affect the overall duration.
At least one spouse must have been a resident of New Jersey for 12 consecutive months before filing for divorce. This rule applies to both contested and uncontested cases. There are limited exceptions that might apply, which may allow a shorter residency period, but most divorces require a full year of residence.
New Jersey allows no-fault and fault-based grounds for divorce. No-fault divorces are commonly filed under “irreconcilable differences,” where spouses state that the marriage has broken down for at least six months with no chance of reconciliation. Fault-based grounds include adultery, extreme cruelty, abandonment, substance abuse, and imprisonment. The choice of grounds influences the legal strategy and potential negotiations.
New Jersey follows the principle of equitable distribution, meaning marital property is divided fairly but not always equally. To determine this, courts consider the length of the marriage, each spouse’s financial contributions, future earning capacity, and individual debts. Assets acquired during the marriage are typically subject to division, while certain separate property, such as inheritances, may remain with the original owner.
These decisions are based on the best interests of the child. Courts evaluate factors like each parent’s relationship with the child, ability to provide a stable environment, and willingness to cooperate with the other parent. Custody arrangements may involve sole or joint legal custody, as well as physical custody decisions regarding where the child primarily resides. Our Ridgewood contested and uncontested divorce lawyers help clients design parenting plans and visitation schedules to clarify responsibilities and maintain consistency.
Child support is calculated based on state guidelines that consider both parents’ incomes, the number of children, and the custody arrangement. These guidelines provide a standardized formula but allow courts to make adjustments when special circumstances exist, such as medical needs or educational expenses. Support payments are intended to cover housing, food, clothing, healthcare, and other necessary costs associated with raising a child.
Mediation allows divorcing parties to work with a neutral third party to resolve disputes outside of court. While this can help avoid lengthy litigation, any agreements reached must still comply with state laws and be approved by the court before becoming legally binding. Our Ridgewood contested and uncontested divorce lawyers can help you determine if this approach might work for you.
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Yes, spousal support, also called alimony, may be awarded when there is a financial disparity between spouses. Courts consider the length of the marriage, each party’s income, career sacrifices, and standard of living established during the marriage. Several types of alimony exist, including open durational, limited duration, rehabilitative, and reimbursement, each designed to address different financial circumstances.
No. In uncontested cases where agreements are reached, court appearances may be minimal, often limited to finalizing the divorce. Contested cases, however, generally require hearings, motions, and possibly a trial if disputes remain unresolved. Whether your situation involves a brief appearance or ongoing litigation, the process must follow New Jersey’s procedural rules.
Divorces involving significant assets require careful review of financial documents, business interests, retirement accounts, and tax implications. Our Ridgewood contested and uncontested divorce lawyers work with clients to address property division, evaluate valuations, and prepare for potential disputes. Handling these matters properly helps establish fair outcomes and protects long-term financial interests.
When one spouse refuses to cooperate, the divorce can still proceed through default judgment; after proper notification, the court may move forward without the other party’s participation. However, contested divorces often involve negotiations or hearings before reaching a resolution. This process emphasizes the importance of understanding deadlines, filing requirements, and available legal remedies.
Divorce affects financial stability, family dynamics, and future obligations. Consulting with our Ridgewood contested and uncontested divorce lawyers before filing gives you more time to evaluate the options, prepare documentation, and anticipate potential challenges. By understanding your rights and responsibilities under New Jersey law, you can make decisions based on accurate information rather than assumptions. Preparation is particularly important in contested cases, where disputes require strategic approaches to protect your interests.
The process begins by filing a complaint for divorce with the appropriate New Jersey court. The documents you will need depend on whether the case is contested or uncontested, and additional filings may be necessary for matters involving children, financial disclosures, or requests for temporary support. Once served, the other party has a limited period to respond. From there, the case may proceed toward settlement or litigation, depending on the circumstances.
If you need legal guidance with your divorce, contact our Ridgewood contested and uncontested divorce lawyers at Marotta Blazini Dunleavy LLC. Call 201-368-7713 or complete our online form today for a free consultation. Located in Maywood, New Jersey, we serve clients in the surrounding areas, including Bergen County, Passaic County, Morris County, Essex County, and Hudson County.
