Understanding divorce to its core is not an easy thing to do. There are a lot of things that should be considered, and there are even more questions that need to be answered. If you are going through the process of divorce, it is best that you know as much as you can about this complicated matter. Keep reading to learn what you need to know about uncontested and contested divorce.
Contested vs Uncontested Divorce
If you or your spouse are going through a divorce, one of the first things that your legal advisor would take into mind is the contest status of your divorce. The length, requirements, and complications of the whole affair will depend upon the kind of divorce you are going to have.
What is an Uncontested Divorce?
When people say that they’re going to have a no-contest divorce, it means that the two parties have agreed upon the key terms of the divorce. Everything; from child custody; child support; insurance; benefits; separation of assets and any other marriage dispute; is amicably decided in an uncontested divorce.
In New Jersey, many couples negotiate their terms through alternative dispute resolutions; in order to avoid going through the protracted process of courtroom divorce. Some of the most common modes of alternative dispute resolutions in New Jersey are:
- Arbitration – In the case of arbitration, the couple will enlist the help of an arbitrator who will take into consideration the cases of both spouses. Both parties must agree to abide by the decision of the arbitrator. The decision of the arbitrator is legally-binding.
- Mediation – Just like arbitration, mediation cases will necessitate the help of a third-party mediator. The mediator, unlike the arbitrator, will not be the one to decide the end result of the resolution. The only role of the mediator is to provide a good environment for discourse and give reasonable suggestions. The word of the mediator is not legally-binding.
- Collaborative Divorce – In a collaborative divorce, both spouses will have their own teams (lawyers, child-rearing professionals, financial advisors, etc.) that will jointly decide what the best outcome for both parties is.
What is a Contested Divorce?
When both parties fail to find the middle ground in the key points in the divorce, then it proceeds to trial. So it can be anything from alimony, child support and custody, to the division of assets and finances.
During the trial, both parties will present their cases through evidence documents, depositions, and expert reports. At the end of the evidence presented, through several hearings, the judge will issue the final judgment of divorce. And both parties must abide by it.
Seek the Best New Jersey Divorce Lawyer
If you want to get through your divorce as smoothly as possible, you need the help of an experienced divorce lawyer in New Jersey. Here at Dezao Law, we have been representing a wide range of clients in divorce cases for years.
We want to help you get through this affair unscathed. Contact the Law Offices of James C. DeZao today at (973) 358-6134 today for your free consultation.