Divorces can either be contested or uncontested for any given case. When a divorce is considered to be uncontested, spouses may be able to go through a simpler process to decide on issues before an official divorce is made. This process can prove to be more amicable because divorce mediation can be used to resolve issues. With mediation, spouses can come together and decide on marital issues to avoid litigation. If this process of mediation is not working for the couple due to the lack of cooperation or inability to work together, they may decide to contest their divorce. For the mediation process to work, it is important for both spouses to cooperate in order to come to conclusions. If this happens, then the divorce can become contested. This can lead couples to enter into litigation with a judge.
Spouses can decide to stop the process at any time. If they are unhappy with how the process is continuing, this may not lead them to be satisfied with the end results. Since these individuals have to decide on marital issues, mediation may not be the best way to resolve issues. They may need the intervening of a judge to do so. When this occurs, individuals may find that they are more confident in the court’s decision than the one that was being spoken about during mediation.
What makes a divorce contested?
When filing divorce papers, spouses have the option to claim a fault ground or no-fault ground. When a fault ground is claimed, it puts the blame on one of the spouses. However, a no-fault ground does not do this. With a no-fault ground claimed, it does not blame either party. It simply states that there was a breakdown of marriage.
How is mediation helpful?
Mediation is helpful for individuals that want to work on marital issues with their spouse. Instead of entering into litigation, they can solve their issues privately. The only other people involved in the process would be their attorneys and the mediator. With mediation, it may limit the amount of turmoil caused by the divorce. This can be beneficial if there are children involved in the marriage.
If you require strong legal representation for matters related to divorce or family law, Haber Silver & Simpson is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.