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Blogs from February, 2021

When you file for a divorce, one of the first questions you'll need to answer is whether you want to file for a contested or uncontested divorce. Your answer to that question could significantly impact the rest of the divorce process, determining how much time, effort, and stress you spend on your divorce. Read on to learn more about the differences between contested and uncontested divorce in NJ.

At DeTommaso Family Law, we help clients pursue the best possible outcome in their divorce cases. Contact us online or via phone at (908) 274-3028 to learn more about our divorce services.

Should I Get an Uncontested Divorce?

To get an uncontested divorce, you need to agree with your spouse on all aspects of the divorce process. That means coming to terms with how you'll handle things like property division, child custody and support, alimony, etc.

If you can agree with your spouse on these processes, you can work alongside them - and presumably your attorneys - to develop a divorce agreement. This agreement, which must be signed by both parties to be valid, contains the terms for the divorce. If a court approves the agreement after assessing it, it will issue a decree finalizing the divorce.

Uncontested divorces typically take significantly less time, money, and stress to resolve than contested divorces. Being able to avoid the courtroom is a huge benefit of filing for an uncontested divorce, saving fees on attorney appearances and allowing parties to circumvent the stress of courtroom hearings.

If you want an amicable divorce with the other party or just want the most streamlined path forward in your divorce, pursuing an uncontested divorce may be in your best interests.

Should I Get a Contested Divorce?

Alternatively, if you disagree with your spouse on terms for your divorce, you'll need to file for a contested divorce.

In a contested divorce, the parties attend a series of courtroom hearings. These hearings can determine how they handle processes such as custody while the divorce is ongoing. Eventually, they must attend a trial, where a court will hear the details of their case and issue a divorce decree the judge presiding over the case considers equitable.

Contested divorces tend to take longer and be more expensive than uncontested divorces. The conflict involved and the need for courtroom appearances can both increase attorney fees. However, if you and your spouse can't agree on a good outcome for your divorce, a contested divorce may be the best way for you to pursue an equitable result that enables both parties to thrive in the short and long term.

At DeTommaso Family Law, our team will help you find the best path forward in your divorce. To schedule a consultation with our team, contact us online or via phone at (908) 274-3028.