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What is a Contested Divorce?

What is a Contested Divorce?

No spouse imagines they will get a divorce when saying “I do,” however, unfortunately, it happens perhaps more than you think. If you are getting a divorce and cannot agree on its terms with your spouse, you are in a contested divorce. Please read on to learn more about the process going forward, and how our firm can help.

What happens in a contested divorce?

When you and your spouse are in a contested divorce, you enter what is known as the equitable distribution process. Unfortunately, you should note that “equitable” does not always mean “equal,” which means that some of your most valuable assets may be up for grabs. If you are in a contested divorce, your spouse may feel entitled to assets that he or she is not actually entitled to, which is why you must hire an experienced attorney who is ready to fight for what is yours.

How do courts determine alimony in New Jersey?

Several factors come into play when determining alimony, or child support, in New Jersey. First, courts will consider the extent to which both spouses contributed to your family. However, you should understand that this does not apply solely to monetary contributions. This means that staying home and caring for your children, for example, definitely counts for something when courts decide the terms of your alimony agreement.

How do courts determine child custody and child support terms in a contested divorce?

Child custody and support are some of the most hotly-contested issues in divorces, which is why retaining the legal services of an experienced attorney is vital to the outcome of your case. When determining child custody in a contested divorce, the courts will consider which parent is best-fit to care for the child, as your child’s well-being is of the utmost importance. Additionally, oftentimes, when parents are denied primary custody of their child, they very often feel they are not as financially responsible for the child. This is simply untrue.

Since child custody and support are oftentimes the most touchy and complicated aspects of a divorce, it is strongly recommended that you and your spouse hire a divorce mediator, if at all possible. This can help you and your spouse come to an agreement outside of the courtroom setting, which is very often preferred to the long, draining litigation process you will endure in court.

Contact our experienced New Jersey firm

Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.

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