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Two wedding bands on a white background; one is gold and the other is silver with a spousal support band in the middle.

How can a divorce become contested?

When spouses file for divorce, they are able to make it a contested or uncontested divorce. This depends on the reason they cite for the divorce. When a divorce is considered to be uncontested, spouses may be able to go through a more efficient process that is often less emotionally demanding to decide on marital issues before an official divorce is finalized. This process can include divorce mediation to resolve issues by deciding on outcomes together. With this process, it can avoid the need to enter litigation to have decisions made for spouses. If the process of mediation is not working for the couple due to a lacking cooperation or inability to work together, they may have to contest their divorce. When a divorce is contested, spouses may have to enter into litigation.

Why does a contested divorce need litigation?

With an uncontested divorce, spouses solve issues themselves through mediation sessions. However, contested divorces cannot be made in the same way when spouses are unable to cooperate with one another in order to make decisions. A contested divorce can cause the divorce to enter into litigation because spouses will need to have decisions made for them by a judge. Since they are not able to decide on marital issues for themselves, a judge will have to do so in court. These marital issues can include child custody, alimony, child support, the division of assets and more. When presenting these issues in litigation, there are many aspects that a judge must consider. The judge will consider both sides of the case. This can include all aspects relating to each spouse. When it comes to cases involving children, the judge will always put the best interests of the child first. This is to ensure their well-being is being taken care of.

How can mediation benefit me more than a contested divorce?

Instead of contesting a divorce, couples may be able to reach a compromise through mediation. Since mediation allows spouses to work together with a neutral third party, they may have a better chance of reaching an outcome that satisfies both parties. Court proceedings in a contested divorce may have the opposite effect. Spouses may be more stressed in litigation since they do not have as much control over the final decision made by a judge. Mediation allows couples to work together with many benefits to it. Spouses can maintain a respectful demeanor with one another since they will not have to fight in court. They can discuss their concerns regarding the terms to their divorce in an honest and open manner. With this process, cooperation of all parties is needed.

Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. If you need a divorce and family law attorney in Ocean County, New Jersey, contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.