green bg
A wooden gavel, often used to affect divorce proceedings, lies next to an open small suitcase displaying a brass balance scale, set on a light wooden table.

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

There are two types of divorce: uncontested and contested. The type of divorce will depend on the spouse’s personal situation and the ability of the couple to come to terms with their marital issues. If you are facing a divorce, it may be beneficial for you to navigate this process with the assistance of an experienced divorce attorney. Continue reading and give our firm a call today to learn more about contested and uncontested divorces in New Jersey.

What is an uncontested divorce?

An uncontested divorce occurs when spouses are able to cite “no-fault” grounds in a divorce. This means that neither spouse wants to hold the other responsible for their divorce and the end of their marriage. Instead, the spouses are in agreement that the marriage cannot be fixed and they are able to agree to the terms of their divorce settlement. An uncontested divorce can also be referred to as an “irretrievable breakdown of the marriage.”

Before spouses can begin their divorce proceedings, couples must resolve all marital issues through alternative methods such as collaborative divorce, mediation, or arbitration. Matters of child custody, child support, parenting time, alimony, division of assets, and payment of debts will be discussed during this time.

What is a contested divorce?

When spouses cannot reach common ground regarding their marital issues, this is considered a contested divorce. A judge may be appointed to make decisions regarding these marital matters for the spouses if neither spouse signs an agreement regarding their separation. A judge can make decisions regarding the division of assets, child custody, child support, and alimony.

Couples who are entering a contested divorce will also be required to cite grounds before the divorce proceedings begin. Citing fault grounds refers to one spouse holding the other responsible for the end of their marriage. The following situations can result in fault grounds being cited:

  • Adultery
  • Institutionalization
  • Extreme cruelty
  • Abandonment
  • Desertion
  • Incarceration

If you are facing a divorce and seek legal counsel for assistance with this process, it is important that you retain the services of an experienced family law attorney who will walk you through the steps of this legal process. Give our firm a call today to learn more about our services and how we can assist you.

Contact our experienced Ocean City 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.