Contested Divorce Versus Uncontested Divorce In New Jersey
Deciding to file for a divorce can be a daunting decision, especially when you are unsure how your spouse will react to your request for a divorce. It is important to know the divorce process and the options you have, depending on whether you and your spouse are able to reach an agreement.
If you and your spouse are unable to reach an agreement, formally known as a Marital Settlement Agreement or Property Settlement Agreement, you will be required to go to numerous Court appearances to ensure your divorce continues to progress. These Court Appearances include but are not limited to, Case Management Conferences, Early Settlement Panels, Economic Mediation, Intensive Settlement Conferences, Motion Hearings, and potentially Trial, where the Court will listen to testimony and review proofs to decide custody, child support, alimony, and/or equitable distribution, in additional to other reliefs.
Please be aware that, throughout the Court appearances mentioned above, if you and your spouse are able to reach a Marital Settlement Agreement or Property Settlement Agreement, you can request your matter be converted to an uncontested hearing.
If you and your spouse are able to reach an agreement, formally known as a Marital Settlement Agreement or Property Settlement Agreement, you can request the Court enter a Judgment of Divorce and incorporate your Agreement. The Court does not review your Agreement, nor will it decide if the Agreement is fair and equitable. There are numerous benefits of reaching an Agreement with your spouse, including but not limited to costs, swiftly reaching a resolution, and negotiation terms that you and your spouse can abide by.
With that said, neither you, nor your spouse, are required to enter into an Agreement, and if your spouse is not negotiating in good faith, or you do not believe you can abide by specific provisions within your Agreement, you should not agree.
Lyons & Associates, P.C. focuses its practice on family law and family law related issues. If you or someone you know is considering filing for divorce or needs help writing an Agreement, then please call the skilled attorneys and mediators at Lyons & Associates, at (908) 575-9777 to schedule a free consultation. The attorneys at Lyons & Associates have substantial expertise zealously advocating for their clients.
Written by: Sara E. Kucsan, Esq.