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Steps for Obtaining A Contested or Uncontested Divorce

The Micklin Law Group- Steps for Obtaining A Contested or Uncontested Divorce

When you’re getting a divorce, some would say you have a decision to make: to accept an uncontested divorce, or to pursue a contested one. But it’s usually inaccurate to claim that a contested divorce in NJ is a “choice.” If you feel you are owed certain assets or payments during your divorce and your spouse disagrees, a contested divorce is the only possible way to receive what you deserve. Occasionally, a contested divorce will occur because one spouse is being unreasonable about how they hope the divorce will shake out. At other times the divorce will be contested just because the spouses don’t see exactly eye to eye. 

Whatever the reason for your contested divorce, you’re probably wondering how long it will take and how much it will cost. Is a contested divorce a bigger hassle than just accepting an unfair divorce agreement? 

Differences Between Uncontested and Contested Divorces

The process for obtaining an uncontested vs. a contested divorce is similar in some ways but very different in others. In both cases, one spouse will first need to file for divorce with the local court. Their partner will have the opportunity to work with their NJ divorce lawyer to draft a response to this petition. If your divorce is uncontested, you may have already discussed and agreed to the terms of your divorce. You will need to file some additional paperwork with the court (which is generally easier with the assistance of an attorney), and then things will be wrapped up and considered final. 

In a contested divorce, you will have to go to court to present your case to a judge. Depending on the circumstances of the divorce, the judge may ultimately rule on the distribution of your assets, spousal support payments, or child custody. A New Jersey contested divorce lawyer will help you collect evidence and put into words why you think you have the most equitable perspective. This process takes longer than an uncontested divorce, which means you will pay NJ contested divorce attorneys more money than if you were pursuing an uncontested divorce. In the long run, this is almost always a good investment. Consider how much your finances will be affected long-term if you are forced to give up valuable assets or pay monthly spousal support to an ex who doesn’t need or deserve it.

NJ Contested & Uncontested Divorce Lawyers

Some men in New Jersey who are pursuing an uncontested divorce incorrectly believe that they don’t need to work with a lawyer since they’re on the same page as their spouse. Anyone going through a divorce should work with an attorney to ensure all the appropriate documents are drafted and filed with the courts. Luckily, many lawyers in New Jersey have experience with both contested and uncontested divorces. A truly skilled contested and uncontested divorce attorney in New Jersey offers a range of services to help clients who are facing either type of divorce. 

The Micklin Law Group’s divorce attorneys for men and fathers offer many options for navigating your divorce, from an uncontested E-Divorce to mediation and litigation. Contact our team to learn more about how we can help.

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