We all recognize that most divorces are characterized by stress, indecisiveness, and disagreement. Some couples cannot even agree on whether to get divorced in the first place. Once you decide to go through with the divorce, however, if you and your ex-spouse can agree on some things during the divorce proceedings, this will almost certainly expedite the process. Divorce in New Jersey is characterized by “contested” and “uncontested” divorce and “fault” and “no fault” divorce. Each type of divorce proceeding has its own requirements for filing, which change the requirements and the timeline. Understanding your legal options before filing before divorce is critical to ensure your legal rights are protected and the process is completed as quickly and amicably as possible.
Contested and Uncontested Divorce
These categorizations of divorce are just as they sound—in a contested divorce, the parties cannot agree on the terms of the divorce settlement and need court intervention to help them come to a resolution. Nevertheless, it is very common for parties in divorces that begin as a contested divorce to come to a settlement at some point during the divorce process. Uncontested divorce, on the other hand, is where the parties can agree on the material aspects of the divorce, chiefly child custody, child support payments, spousal maintenance (alimony) and division of property or assets. Uncontested divorces still requiring filing through the court and the preparation of a Marital Settlement Agreement (also known as a property settlement agreement), which sets forth the terms of the parties’ divorce.
Even where the parties agree, whether from the outset, or at some point during a divorce, it is important to retain the services of an experienced divorce attorney to ensure that the proposed settlement can be implemented properly and to further ensure that the parties understand their rights and have taken into consideration the impact of their proposed settlement. Uncontested divorces can be handled quickly and efficiently with effective legal counsel. Not only will your legal representation cost less and require less court appearances, but you can avoid the emotionally taxing process of being in and out of court and arguing about your children and finances with your soon-to-be ex-spouse. Many couples are able to come to reasonable, amicable divisions of property and arrangements for their children outside of the courtroom. If you are able to agree on most, but not all, aspects of the settlement, mediation is another option. Mediation is an out of court meeting, essentially, where both parties can express their wants and needs, and a neutral third party weighs in on a reasonable solution. Regardless of whether you have a truly uncontested divorce, the court system in New Jersey encourages settlement between the parties, and even in contested divorce actions, there are numerous opportunities for settlement throughout the process.
No Fault and Fault-Based Divorce
These terms also operate as they sound. A no fault divorce simply means that neither party is at fault for the divorce, and the parties simply have irreconcilable differences that cannot be remedied. In New Jersey, no fault divorce requires that there have been “irreconcilable differences” between the parties for at least six months with no reasonable prospect of reconciliation, or a period of separation for at least 18 consecutive months (no cohabitation or sexual relations). Irreconcilable differences is the most common ground for divorce in New Jersey.
Conversely, a fault-based divorce requires a specific action or actions by one of the parties—usually adultery, extreme cruelty, abandonment, or physical/drug/alcohol abuse. Given the complexities and challenges of having to prove the various fault grounds for divorce, they have largely been abandoned in favor of irreconcilable differences, but may be useful under certain circumstances. Whether your divorce is no-fault or fault-based may change the manner in which your divorce is handled, and ultimately settled or tried before a court, and should be considered before filing for divorce.
Central New Jersey Divorce Attorney
There are many requirements before a couple can file for divorce, including residency requirements and time constraints for certain grounds for divorce. In order to ensure that you meet all of the requirements to file for divorce and that you further understand your rights to seek certain types of relief, it is critical to speak with an experienced New Jersey divorce attorney. Attorney Steven M. Cytryn has experience with all variations of divorce and can help decide what is best for you and your family. Contact his convenient New Brunswick office to get started today.
