Low angle view of skyscrapers

Somerset County Uncontested Divorce Lawyer

Divorce can be a complicated and emotional time in a couple’s life. For those couples willing to compromise, making the joint decision to pursue an uncontested divorce can make the divorce process easier to bear for both parties.

A Somerset County uncontested divorce lawyer can help you navigate through the uncontested divorce process. If you and your spouse are currently struggling to negotiate a property settlement agreement, or need assistance in drafting such an agreement, a capable divorce lawyer can help steer you in the right direction.

What is an Uncontested Divorce in Somerset County?

An uncontested divorce, or a no-fault divorce, is an amicable way of ending a marriage. In order to be effective, an uncontested divorce requires cooperation and communication on behalf of both spouses. Both parties must mutually agree that they are ready to proceed with their divorce before the divorce can become finalized.

Pursuing an uncontested divorce will typically work best for a couple without children whose assets are limited. However, couples with significant assets or children may still consider pursuing an uncontested divorce.

How to Proceed with an Uncontested Divorce

Before a couple officially decides to apply for an uncontested divorce, all the couple’s issues related to the marriage must first be agreed upon. If issues remain that are not yet agreed upon, the divorce will not be settled. This means that the couple must finalize a property settlement agreement. A property settlement agreement will typically address issues pertaining to the couple’s division of assets, spousal support, child custody, and child support.

A couple can proceed with an uncontested divorce in Somerset County in two instances. First, if the parties are able to successfully establish that they both have differences that cannot be reconciled. Second, if the parties have lived apart for 18 continuous months, at minimum, and have no chance of making amends.

In terms of filing requirements, at least one spouse must have the jurisdiction to file an uncontested divorce complaint in the state of New Jersey. In order to have jurisdiction, a spouse must have been a New Jersey resident for at least one year. Additionally, the party filing for divorce must be a resident of the county in which they choose to file to ensure complete jurisdiction. A Somerset County uncontested divorce lawyer could help individuals file apply for divorce.

Requirements for an Uncontested Divorce

As part of an uncontested divorce proceeding, the judge will not need to hear any individual testimony regarding potential issues within the couple’s divorce agreement. A judge will merely need to establish that:

  • The agreement was freely and voluntarily entered into
  • The agreement was not the result of coercion or duress
  • The agreement is fair and equitable towards both of the parties involved
  • Once they meet each of the above requirements, the presiding judge will then issue a Judgment of Divorce, and the uncontested divorce will then be finalized.

    How a Somerset County Uncontested Divorce Attorney Can Help

    Uncontested divorces have a number of benefits that make them more attractive to couples that are considering divorce. Many couples prefer to pursue a no-fault or uncontested divorce simply due to the fact that the process is typically faster and less expensive than a divorce that is contested.

    A Somerset County uncontested divorce lawyer can review your specific situation to determine if an uncontested divorce is in your best interests.