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

New Jersey Contested Divorce Lawyer

Divorces are an emotionally difficult time for most people. There are several problems involved in a divorce such as property disputes, quarrels regarding spousal support and if there are children involved issues regarding child support, child custody, and visitation.

What can make a divorce even more complicated is if one spouse is contesting the divorce. This means that one person does not want the divorce and is fighting against it or disagrees with one of the issues in the divorce.

A New Jersey contested divorce lawyer can help you if you are going through a contested divorce whether it is simply fighting against the divorce or against one of the specific issues in the divorce. A qualified divorce attorney can provide you with valuable information about what is the best option for your situation and how to move forward with your case.

Reasons to Contest a Divorce

There are several reasons why a person may contest a divorce. Some of the most common reasons are:

  • One person may want to reconcile and therefore does not want to end the marriage
  • There are unresolved issues regarding spousal support or how to distribute marital property
  • The couple cannot come to an agreement regarding their children and a custody arrangement
  • It is a fault based divorce and one spouse disagrees with the basis for the divorce (ex. If one spouse claims there was extreme cruelty and the other does not want that as the basis for divorce because it would impair their reputation)
  • Contested Divorce Process

    The first step in the divorce process is filing a complaint for divorce. A qualified New Jersey contested divorce lawyer can help individuals file a complaint. An individual can choose to file for a no-fault divorce citing irreconcilable differences. Otherwise, if they want to, they can go with a fault based divorce and the most common reasons are adultery or extreme cruelty.

    Once someone has done that, they will need to have their spouse served with the summons and the complaint. An individual can do this through the sheriff or a paid process server. However, if the spouses agree on moving forward with a divorce and the contested part are regarding the issues of the divorce then the other person may choose to voluntarily accept service. To do this, the person will have to sign an Acknowledgement of Service before a notary. After this, both spouses have 20 days to fill out and file a Case Information Statements (CIS). The CIS should include all the information about the person’s debts, assets, income, and expenses.

    Following this, both people will have the opportunity to conduct discovery so that they can fully obtain all the information they need in the divorce. If the divorce is contested for financial reasons, discovery can be very important so that people can be aware of each spouse’s circumstances moving forward. While someone is waiting for the final order of divorce the court can issue pendente lite orders to temporarily settle issues such as custody or support. That way the children can have some sort of schedule and no one will be financially struggling until the divorce is final.

    Consulting a New Jersey Contested Divorce Attorney 

    Going forward, the court will have to hear each issue that the person has with the divorce. All problems that the couple has regarding support, custody or visitation will be decided by the judge. That is why having a New Jersey contested divorce lawyer is so important, you want someone that can argue on your behalf to the court.If you are considering getting a contested divorce, contact a skilled New Jersey contested divorce attorney that can advocate for you.