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Edison Township Uncontested Divorce Lawyer

Going through the divorce process can be emotionally and mentally draining.  Often individuals and couples can feel overwhelmed by the divorce process and indeed may feel intimidated by the entire concept of going to court. On top of that, going through a traditional divorce can take several months, prolonging a couple from moving on with their lives.

An Edison Township uncontested divorce lawyer could provide you with critical support and guidance on your next move. As an experienced divorce attorney, your personal divorce professional could discuss the advantages and potential ramifications of filing for an uncontested divorce.

Defining an Uncontested Divorce

New Jersey recognizes that a couple may choose to resolve complex issues such as property distribution, alimony, child custody, child support, and parenting time through a premarital agreement or a property settlement agreement under N.J.S.A. §37:2-34. When a couple has resolved or compromised on their issues, they may then file for an uncontested divorce.

An uncontested divorce simply means that both spouses agree on all the key aspects of a divorce and there are no outstanding issues. Uncontested divorces are often seen among couples who do not have a considerable amount of assets. However, separating parties who are motivated and interested in settling issues outside of the courtroom may settle even complex and high-asset divorces through negotiating and executing a marital settlement agreement.

Grounds for Divorce

New Jersey recognizes numerous grounds for a divorce, both fault-based and non-fault-based. Some of the acceptable grounds for divorce listed under N.J.S.A. §2A:34-2 include:

  • Adultery
  • Desertion
  • Extreme cruelty
  • Separation for eighteen or more months
  • Addiction or habitual drunkenness
  • Institutionalization
  • Imprisonment
  • Deviant sexual conduct
  • Irreconcilable differences

Anyone of these sections could serve as the basis for an uncontested divorce because an uncontested divorce simply means that the couple has resolved to proceed through their divorce without dispute. However, it is far more common for an uncontested divorce to be based on irreconcilable differences or separation for eighteen months or more.

Necessary Documents for an Uncontested Divorce

Simply because a divorce is considered uncontested does not mean that the parties involved are excused from filing all the appropriate paperwork and bringing it to court. The following papers are essential to a successful uncontested divorce:

  • A complaint about divorce
  • A certification of insurance
  • A certification of notification of complementary dispute resolution alternatives
  • Any answer and counterclaim for divorce and dissolution

Each divorcing couple must also provide an updated family part case information statement. Furthermore, it is important to prepare to provide the court with a proposed consent order for final judgment of divorce or dissolution. An Edison Township uncontested divorce lawyer could help someone ensure that someone has all the necessary documents they need.

Failing to Respond to a Divorce Complaint

While an uncontested divorce proceeding may be an indication that the couple has agreed on all of the key issues of a divorce, an uncontested divorce proceeding may also indicate that the other spouse failed to respond to a divorce complaint in a timely manner. Pursuant to New Jersey Court Rule 5.4, a spouse has 35 days from the date of service of a divorce complaint to file a written response.

If a spouse does not respond within this time period or was not provided an extension by the court, the court may then proceed with a divorce as an uncontested proceeding. However, even if the receiving party does not respond within the requisite time period, the filing party must still:

  • File a request for a default judgment and supporting certification
  • File a certification of non-military service
  • Send a defendant spouse a copy of the request of a default judgment

In order to proceed in this manner, it is critical to proving that the defendant spouse has received the Notice of Proposed Final Judgment of Divorce. This may be accomplished by showing a green return receipt from a certified mailing, or alternatively showing a stamped envelope from the post office marked unclaimed or refused.

Let an Edison Township Uncontested Divorce Attorney Help

An Edison Township uncontested divorce lawyer could help you consider all the unique aspects and address all the complicated questions associated with a divorce. They could then help you explore whether an uncontested divorce is right for your specific circumstances and help file all the forms and documents necessary to ensure your divorce is effectuated as quickly as possible. To schedule a consultation, call today.