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When to Consider A Contested Divorce

The Micklin Law Group-When to Consider A Contested Divorce

A contested divorce in NJ is any divorce where the spouses need a family court judge to make a decision about some aspect of the case. This term may not be used often in casual conversation, but you probably know someone who has been through a contested divorce. 

If you’re anticipating conflict with your spouse during your own divorce, you may end up in court. Here are some of the most common reasons men in New Jersey consider pursuing a contested divorce.

Mediation Isn’t Working

If you have already tried mediation without success, you’ll need to pursue a contested divorce. When the parties simply cannot agree on how to divide assets or parenting time, there’s no other way to move forward without a judge having the final say. You can stop the mediation process at any time and decide to present your argument to a judge instead.

Child Custody Issues

Child custody is one of the most contentious issues in many divorces, so it makes sense that the parents wouldn’t agree on exactly how the child’s time should be split up. It is acceptable to come to an agreement about custody and parenting time on your own and submit it to the courts for approval. However, if you and your spouse aren’t making any progress toward a compromise, you should assume that your divorce will have to be contested.

Disputes Over Marital Assets

Have you been the primary breadwinner during your entire marriage? Is your spouse asking for an unreasonable amount of marital assets? Even couples who can agree on child custody and spousal support may come to an impasse when trying to equitably divide up marital assets and debts. Leaving it up to a judge means your divorce may end with two unhappy parties, but you don’t have any other choice if your spouse refuses to cooperate.

Spousal and Child Support

Believe it or not, in some low-conflict divorces, one spouse actually agrees to pay the other spousal support monthly. This is probably most common if one spouse is a stay at home parent and needs time to get back into the workplace to be able to support their children. But if your spouse’s request for spousal support is unreasonable, and their New Jersey divorce lawyer hasn’t persuaded them to change their mind, it’s best to leave it up to a judge who is familiar with cases like yours. 

Speaking of caring for children, child support can also be agreed to informally. If both parents are fine with the child support amount, they can avoid going to court during the divorce to get a child support order. However, any time child support is debated, you will have to go to court and explain your perspective to a judge.

NJ Contested Divorce Attorneys

Divorce for men doesn’t always go smoothly. If you’re on bad terms with your ex or don’t think mediation will work, The Micklin Law Group’s New Jersey contested divorce lawyers can help you prepare for court. Give our office a call at 973-562-0100.

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