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

Monmouth County Uncontested Divorce Lawyer

The concept of divorce often conjures thoughts of heated hostility and ongoing disputes about money, custody issues and more. 

However, there are circumstances in which none of these characteristics prevail, and the parties involved simply wish to affect a quick, uncomplicated dissolution of their union.

When this is the case, a Monmouth County uncontested divorce lawyer can step in and facilitate the amicable parting the soon-to-be-ex spouses seek. If you want to learn more about getting an uncontested divorce, speak with a capable Monmouth divorce lawyer today.

Negotiated vs. Mutual Uncontested Divorces in New Jersey

Broadly speaking, two primary types of uncontested divorce proceedings take place in New Jersey, namely those that are mutual in nature and those that are negotiated. A mutual uncontested process is one that often takes place between spouses married for a relatively brief period in which no children were produced and few joint assets were accumulated.

Negotiated uncontested divorce processes tend to be rather more complex in nature and may involve disputes of one type or another, which may require the help of a Monmouth County uncontested divorce lawyer to ultimately resolve.

Mutual Uncontested Divorce

Proceedings of this nature are essentially procedural because the soon-to-be-ex-spouses have already reached agreement about the way in which the marital estate will be divided and have resolved any issues pertaining to child custody and support.

Though clearly more straightforward in nature than other types of divorce, a Monmouth County uncontested divorce lawyer can be extremely helpful in drafting the necessary documents to effectuate the dissolution, ensuring that they are timely filed and providing key guidance regarding the legal rights of each party during and following the split.

Negotiated, Yet Uncontested Divorce Process

Though the parties to a negotiated uncontested divorce may have issues requiring significant discussion, they are also characterized by a willingness to work collaboratively to resolve their problems without the need for a truly adversarial divorce process.

An experienced divorce lawyer can help clients identify their primary objectives, provide counsel regarding each party's rights and responsibilities, facilitate negotiations, draft the property settlement agreement and effectuate proper filing of essential documents.

Threshold Requirements for Uncontested Divorce

In order for a couple to obtain a divorce in New Jersey on an uncontested basis, a few key requirements must be fulfilled, and they are:

  • absent any request for alimony, one or both of the divorcing spouses needs to have lived in New Jersey for at least the year prior to the filing
  • the spouses must reach agreement on child support and custody matters
  • the spouses must reach agreement on the distribution and division of property
  • the spouses are not seeking their divorce on the grounds of separation (which would extend the period of time required beyond that contemplated by an uncontested process)
  • For many couples who meet the criteria listed above and have little interest in a contentious, protracted divorce battle, an uncontested divorce process can be ideal. This type of approach can allow the parties to sidestep much of the bitterness, rancor, and expense of a contested proceeding so that they can move forward with their lives much more quickly.

    Easing the Way for Divorcing Couples in New Jersey

    Contrary to popular belief, not every divorce case involves anger, accusations or acrimony. There are many instances in which both spouses realize that a parting of the ways is inescapable, but that it can be achieved with little or no disagreement on important terms.

    Under such scenarios, a Monmouth County uncontested divorce lawyer can enter the picture and assist in securing the mutually acceptable, swift separation that is desired.