FAQs for Contested Divorce

A contested divorce in New Jersey refers to a divorce in which the spouses cannot agree on one or more critical issues related to the dissolution of their marriage. In a contested divorce, the parties may disagree on matters such as child custody, child support, alimony, division of marital assets and debts, or other significant factors. When a divorce is contested, the couple may require the intervention of the court to resolve their differences and make decisions on their behalf.

A divorce becomes contested in New Jersey when spouses cannot agree on one or more critical issues related to the dissolution of their marriage. Some common reasons for a divorce becoming contested include disputes around child custody and parenting time, child support, alimony, division of martial assets and debts, grounds for divorce, relocation, business interests, hidden assets, and prenuptial or postnuptial agreements.

The process for a contested divorce in New Jersey involves several stages and typically follows these steps: filing for divorce, answer and counterclaim, case management conference, discovery, settlement negotiations, pre-trial motions, trial, and judgment of divorce.

A complaint for divorce, also known as a divorce petition, is a legal document that initiates the divorce process. It is filed by one spouse (the plaintiff) with the appropriate court and outlines the grounds for divorce, as well as any requests or demands related to issues such as child custody, child support, alimony, and the division of marital assets and debts. The complaint for divorce also provides basic information about the marriage, such as the date of the marriage, the names and ages of any children, and the current living situation of the spouses.

Once the complaint for divorce is filed, it must be served on the other spouse (the defendant), who then has an opportunity to respond by filing an answer and, if necessary, a counterclaim. The defendant’s response addresses the allegations and requests made in the complaint and may include their own requests or demands.

A case management conference in New Jersey is a meeting between the parties involved in a legal dispute, their attorneys, and a judge. The purpose of the conference is to discuss the issues in the case, set a timeline for discovery and other pre-trial activities, establish deadlines for pre-trial motions, and set a trial date if necessary. Case management conferences are intended to streamline the legal process, ensure that all parties are aware of their responsibilities and deadlines, and facilitate the resolution of the case in an efficient manner.

Discovery is a critical stage in the legal process in New Jersey and other jurisdictions, allowing both parties in a lawsuit to obtain information and evidence from each other before a trial or settlement. It is designed to promote fairness, prevent surprises during the trial, and encourage the resolution of disputes through negotiation or alternative dispute resolution methods.

A settlement agreement in New Jersey is a legally binding contract that resolves disputes between parties in a lawsuit, including divorce cases. In the context of a divorce, a settlement agreement outlines the terms and conditions agreed upon by both spouses to resolve issues such as child custody, child support, alimony, and the division of marital assets and debts. The purpose of a settlement agreement is to avoid the time, expense, and emotional stress of a trial by reaching a mutually acceptable resolution.

If the parties in a contested divorce in New Jersey cannot reach a settlement through negotiation, mediation, or other alternative dispute resolution methods, the case proceeds to trial. During a trial, both parties present their evidence and arguments before a judge, who then makes decisions on the contested issues. In New Jersey, there is no jury in a divorce trial; the judge is the sole decision-maker.

In a contested divorce in New Jersey, an attorney plays a crucial role in representing and advocating for their client’s rights and interests throughout the divorce process. Some key responsibilities of an attorney in a contested divorce include providing legal advice, preparing and filing documents, representing in court, managing discovery, protecting client’s rights, negotiation and settlement, ensuring compliance with court orders, and advising on post-divorce issues.

The length of a contested divorce in New Jersey can vary widely depending on the complexity of the case and the degree of disagreement between the spouses. Contested divorces typically take longer than uncontested divorces due to the need for extensive discovery, negotiation, and potentially a trial to resolve disputed issues. A contested divorce in New Jersey can take anywhere from several months to a few years to finalize.

New Jersey is an equitable distribution state, meaning that in a contested divorce, property is divided fairly but not necessarily equally. The goal is to achieve a distribution that is just and reasonable based on the specific circumstances of the case. The court considers various factors when dividing marital property, which includes assets and debts acquired during the marriage.

Alimony, also known as spousal support, is a financial payment made by one spouse to the other spouse during or after a divorce in New Jersey. The purpose of alimony is to help the lower-earning or financially dependent spouse maintain a reasonably comparable standard of living to that enjoyed during the marriage and to assist them in becoming financially independent, if possible.

In a contested divorce in New Jersey, alimony is determined by the court after considering various factors to ensure a fair and appropriate amount and duration of spousal support. The court will evaluate the financial circumstances of both parties and their ability to maintain a reasonably comparable standard of living to that enjoyed during the marriage.

In New Jersey, it is possible to modify certain terms of a contested divorce agreement, but the process can be challenging, and the success of your request will depend on the specific circumstances of your case. The most common terms that may be subject to modification include child support, child custody, and alimony. To change the terms of a contested divorce agreement, you will need to demonstrate that there has been a substantial change in circumstances since the original agreement was issued or that the original agreement was based on inaccurate or incomplete information.