A contested divorce can mean one of two things: first, that one of the parties does not want to get a divorce at all; or second, that there are specific issues one person is contesting in the divorce. The contested issues are most often related to finances or children.
When going through a divorce, couples must decide on property division, spousal support, custody arrangements, and child support. Put another way, there are many issues a couple can disagree on, slowing down the overall divorce process. For this reason, speaking with a Middlesex County contested divorce lawyer may be important to ensure your divorce proceedings are as speedy and satisfying as possible. Work with an experienced divorce attorney that could work to achieve a positive outcome for you.Different Forms of Divorce
New Jersey allows for both fault-based and no-fault divorce. Fault-based divorce occurs when one person is accused of specifically damaging the marriage. Common grounds for fault-based divorce include addiction, cruelty, adultery, abandonment, and imprisonment. Fault-based grounds can be factors that a court considers when determining spousal support or child custody.
No-fault divorce is when a couple claims that their marriage is irretrievably broken beyond repair, but neither party is specifically blamed for those circumstances. If spouses have been separated for 18 months, it can be transitioned legally into a no-fault divorce.Divorce Requirements and Procedure
In some divorces, the parties can try to work together to settle issues on their own without the aid of their lawyers. However, if an agreement cannot be found, a contested divorce lawyer in Middlesex County may be able to help. Middlesex County contested divorce lawyers can argue each contested aspect of the divorce before a judge and work towards the desired resolution for the person they are representing.
The first legal requirement for a New Jersey divorce is that one of the individuals must have lived in New Jersey for at least twelve months.When filing a divorce complaint, the filing party must state the grounds for the divorce and then serve the complaint to the other party through either a private service processor or the local sheriff’s department. Alternatively, the receiving party can voluntarily accept the complaint if they acknowledge its receipt in front of a notary.Completing a Case Information Statement
The next step is to complete and submit a Case Information Statement (CIS). Through this statement, each side should receive a full and accurate understanding of the other person’s finances to assist with resolving any financial issues at hand. Each CIS should include information about income, debts, expenses, and assets.
For some divorces, a court may issue pendente lite orders which provide temporary relief for issues such as spousal support, child support, custody, and visitation. This type of order allows everyone in the divorce to continue living their lives while awaiting the end of the divorce process.How a Middlesex County Contested Divorce Lawyer Can Help
All divorces are difficult, but contested divorces are often harder and take longer because of the issues that must be settled prior to finalizing the divorce. However, a Middlesex County contested divorce lawyer could use this time to fight for the resolution you want out of your divorce and increase the chances of a positive final outcome. Call today to learn more.