Edward R. Weinstein, Esq.Edward R. Weinstein, Esq.

East Brunswick Uncontested Divorce Law

Under New Jersey Divorce Law, an uncontested divorce means that the parties were able to reach a global settlement of their case that is memorialized in a property or Matrimonial Settlement Agreement. These individuals will appear at an uncontested divorce hearing at the Superior Court of New Jersey.

To best understand the nuances associated with an uncontested divorce, it is imperative that you consult with an attorney as soon as possible. An experienced East Brunswick divorce lawyer can help you legally navigate the complex matter of divorce law.

Attorney’s Questioning

At that time, the attorneys will ask their client a series of questions, including but not limited to:

  • The client’s understanding of the agreement
  • That they are thinking clearly
  • That they have ventured into the agreement voluntarily
  • That they have not been coerced or pressured into entering the agreement
  • That there are no side deals or oral agreements
  • That this agreement represents all issues and their resolution.

The court will then grant them a divorce.

The court does not get involved in the details of a person’s divorce action, although they may look at child support and alimony. At an uncontested divorce hearing in New Jersey, the court is more concerned about the parties’ understanding.

Elements of an Uncontested Divorce

An example of an uncontested divorce in the State of New Jersey would be if two spouses went to a private divorce mediator, came to a tentative agreement known as a Memorandum of Understanding (MOU).

The Mediator will provide a copy of the MOU to each spouse and advise them to have their lawyer review it and give their opinion as to whether or not it is a fair agreement. If everyone agrees, the case is settled.

The respective attorneys may have a few comments about the agreement, but on the whole, may think it is fair, and turn that agreement into a property or matrimonial Settlement Agreement. Everybody would sign it. Then the court will be contacted regarding a settled the case which is now uncontested, and request an uncontested divorce hearing date in East Brunswick.

Filing for Uncontested Divorce

It is a common misnomer of the public who thinks that if a person is filing under irreconcilable differences that means they have an uncontested divorce. However, that is not true. A person can file can for irreconcilable differences, but if they do not have an agreement with respect to their children or their money, then they have a contested divorce.

The grounds for divorce do not dictate whether or not a divorce is contested or uncontested, and obviously an uncontested divorce in East Brunswick means that everybody agrees on everything.

Circumstances Surrounding the Filing

A couple who would file for an uncontested divorce in East Brunswick would be a couple that has been married for a very brief amount of time, have virtually no assets, have no children, and decided that the marriage is not working out. They would still have to file their Complaint for Divorce and would claim irreconcilable differences.

This is an uncontested divorce because the individuals have been married for such a short amount of time. There is often nothing to fight over. To best understand whether or not an individual should file for uncontested divorce in East Brunswick, they should be sure to consult with a knowledgeable attorney.