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Contested vs. Uncontested Divorce

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Although divorces can often be contentious and involve bitter disputes over issues like alimony and child custody, not all divorces are combative. In fact, sometimes the divorce process goes very smoothly because the parties’ attorneys can work out the details in advance. Depending on the circumstances, you may be able to resolve your split amicably through what is known as an “uncontested divorce.”

Whether your divorce is contested or uncontested, the most important aspect of the divorce proceedings will be to ensure that your rights and assets are protected. An experienced family law attorney can help you avoid the extreme financial and emotional costs of a lengthy, drawn-out divorce process. For instance, a contested divorce could take months or even years to resolve – and, ultimately, it’s possible that neither party will be happy with the outcome. That’s why it is often best for the spouses, and their attorneys, to attempt to resolve any disputed or contentious issues.

In fact, most divorcing spouses in New Jersey are required to go through certain processes, including mediation and settlement conferences, before their case goes to court. Your divorce attorney will be able to assist you as you go through mediation and settlement conferences, with the hope being that you and your spouse can arrive at an amicable resolution without needing to head to trial in a family court.

Of course, certain issues may arise during mediation, such as spousal support, property division, child custody, and child support. Depending on the circumstances of your divorce, it may be possible for your lawyer to work out a resolution with the other side and settle these issues prior to trial. Once this happens and the divorce is uncontested, a hearing can be scheduled and the family court judge can issue a final judgment of divorce.

 

If you are thinking about filing for divorce, or if you have already filed for divorce, you need a knowledgeable family law attorney on your side throughout the legal process. Contact the Law Firm of Stephen R. Piper today to schedule a free initial consultation and to discuss your options.

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