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

Monmouth County Contested Divorce Lawyer

Divorce is never the desired outcome when two parties have been joined together in marriage, but there are circumstances in which a conclusive parting of the ways becomes inevitable for one reason or another.

Ideally, the soon-to-be former spouses will be able to reach an amicable dissolution agreement regarding the division of assets, custody of minor children and other outstanding issues.

However, when such consensus cannot be achieved, the help of a Monmouth County contested divorce lawyer can be invaluable. Contact a capable divorce attorney who can advocate for you, and assure that your interests are protected.

Fundamentals of Contested Divorces in New Jersey

When divorce is contemplated, the significant number of issues that must be negotiated and settled between the parties may not be immediately apparent. The fact of the matter is that disagreements can and do arise concerning a wide array of matters, making a simple, quick and easy dissolution elusive indeed. Among the topics which regularly prove particularly thorny are those related to:

Child custody Spousal support Child support Retention of marital home Disposition or division of vacation homes and commercial property Handling of pensions, brokerage and retirement accounts Division of debts including student loans, home mortgages, credit cards and more

The above realms can prove especially contentious for couples possessing significant wealth, and that is when the guidance of an experienced divorce attorney and skilled subject matter experts such as forensic accountants, employability analysts and psychologists will be needed most.

Procedural Steps in a Contested Divorce

New Jersey divorce cases begin when one spouse files a Complaint and pays the relevant filing fee. The Complaint will then need to be served upon the other party, who will have 35 days in which to file an answer or appearance and perhaps a counterclaim of their own.

Detailed information about assets, liabilities, expenses, and income of each spouse will ultimately be disclosed as the proceedings unfold. During this phase, appraisals, depositions and the examination of tax returns and other documentation may also occur.

Several months following the initial divorce filing, an Early Settlement Panel will be convened in an attempt to facilitate settlement of issues other than child custody at that time. While many couples make significant progress at this stage, those who do not will have no choice but to continue with the contested divorce proceeding.

Temporary order hearings will eventually be scheduled to determine interim questions pertaining to parenting and visitation plans, financial support, payment of household expenses and the like. Should disagreements persist, a pre-trial order will be issued and the parties will need to prepare to do battle.

Resolution Via Settlement or Trial

It is important for divorcing spouses to realize that the vast majority of cases will arrive at a settlement agreement in advance of trial, but that is not to say that full preparation of arguments and positions on disputed issues may be neglected.

If a trial does in fact prove necessary, the parties must take full advantage of the opportunity to advocate for their interests and those of any minor children involved.

Once the trial is complete, the parties will file proposed rulings of law and findings of fact. The presiding judge will review the filings of both sides to issue a final judgment in the case.

Because the proposed facts and legal rulings often prove extremely influential in the final outcome, there is no substitute for a zealous, seasoned divorce attorney who will work diligently to protect each client's interests and advance their overall objectives.

Compassionate Assistance for Contested Divorce Matters

The end of a marriage can bring about a plethora of emotions including sadness, regret, frustration and anger. Unfortunately, these sentiments can sometimes boil over and force the parties to fight things out in a court of law. If the dissolution of your marital union is likely to be fraught with acrimony and endless wrangling, a Monmouth County contested divorce lawyer can help.