What Is the Difference Between an Uncontested Divorce and a Contested Divorce?

In New Jersey, there are two main types of divorce: contested divorce and uncontested divorce. To learn about the differences between these two types of divorce, continue reading and reach out to an experienced New Jersey family law attorney here at Aronsohn, Weiner, Salerno & Kaufman, P.C. Our firm is here to assist you through each step of your divorce, no matter the circumstances. Here are some of the questions you may have:

What is an uncontested divorce?

Spouses will often cite “irreconcilable differences” as their grounds for divorce. An uncontested divorce takes place when a couple resolves all marital issues such as matters involving child support and custody, alimony, parenting time, division of assets, and payment of debt. In this case, spouses can choose an alternative method of divorce resolution outside of litigation, such as arbitration, mediation, or collaborative divorce.

What is a contested divorce?

A contested divorce is when both spouses cannot come to an agreement on their marital issues. These matters will ultimately be resolved by a judge who will issue a Final Judgment of Divorce after a period of litigation.

Spouses are able to cite either “fault” or “no-fault” grounds in a contested divorce. Citing no-fault grounds, such as “irreconcilable differences” means that neither spouse holds the other responsible for their divorce and the end of their marriage. Citing fault grounds means that one spouse is holding the other responsible for the end of their marriage due to one of the following reasons:

  • Extreme Cruelty and abusive treatment
  • Nonconsensual deviant sexual conduct
  • Willful and continued desertion for a year or more;
  • Adultery
  • Habitual intoxication or drug addiction
  • Incarceration for over 18 months
  • Institutionalization for over 2 years

If you are in a contested divorce, it is important to speak with our competent Hackensack divorce attorneys who understand all that is at stake and can advise you of the best way to proceed. To learn more about how our firm can help you through each step of the process, give us a call today.

Contact our experienced New Jersey firm

We understand how confusing certain legal issues can be, which is why we are dedicated to providing individuals with the compassionate and knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years. We know we have the experience needed to do the same for you. For experienced legal counsel regarding family law, litigation, business law, real estate, and criminal law, you know where to turn–contact Aronsohn, Weiner, Salerno & Kaufman today to schedule a consultation.

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