What is the Difference Between an Uncontested and Contested Divorce?

The process of a divorce will rely heavily on whether spouses can come to an agreement on their marital issues. There are two main types of divorce in New Jersey: uncontested and contested. To learn more about the difference between these types of divorce, continue reading. If you are facing a divorce, it is important that you retain the services of an understanding divorce attorney. Give our firm a call today to learn how we can assist you.

What is an uncontested divorce?

When both spouses agree to the settlement of their divorce, an uncontested divorce occurs. An uncontested divorce can also be known as an “Irretrievable Breakdown of Marriage.” In an uncontested divorce, both spouses resolve all marital issues such as child support, child custody, alimony, division of assets, parenting time, and any payment of debts. Spouses can choose to divorce through arbitration, collaborative divorce, or mediation, instead of litigation when a divorce is uncontested. This process is typically efficient and beneficial for all family members involved. Uncontested divorces are voluntary.

What is a contested divorce?

When both spouses cannot come to an agreement on their marital issues, a contested divorce occurs. When both spouses leave marital matters unsolved and either spouse signs an agreement on their terms of operation, a contested divorce takes place. A judge will then take over the decision-making process and will resolve the disagreements regarding child support, child custody, alimony, and the division of assets. A spouse can choose to cite “fault” or “no-fault” grounds. No-fault grounds being cited means that neither spouse is looking to hold the other responsible for the end of their marriage. However, when spouses cite fault grounds, this means that they are holding the other spouse accountable for their action that led to the end of their marriage including the following situations:

  • Cruel and abusive treatment
  • Impotency
  • Incarceration for over 5 years
  • Habitual intoxication or drug addiction
  • Adultery
  • Desertion
  • Non-support

If you are in a contested divorce, it is important that you retain the services of an experienced divorce attorney. Our legal team at Haber Silver Simpson & Russoniello will assist you with each step of the legal process ahead. Our firm understands all that is at stake in a contested divorce. We are prepared to fight tirelessly for the best possible outcome of your divorce. Give us a call today to schedule your initiation consultation. We are prepared to assist you when you are.

Contact our experienced New Jersey firm

If you require strong legal representation for matters related to divorce or family law, Haber Silver Simpson & Russoniello 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.