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What Do I Need to Know About an Uncontested Divorce?

Whitehouse Divorce Lawyers at Martin & Tune Attorneys at Law Assist Clients with Uncontested Divorces.

High-profile celebrity divorces often make news, especially when both parties are unwilling to compromise on even the most insignificant issues, causing the divorce to become extremely bitter, contentious, and expensive. While a bitter divorce between two well-known celebrities may help sell magazines, most couples are able to make compromises and work towards a divorce settlement that works for both parties involved. In fact, the vast majority of divorces are uncontested, which means that both parties are able to reach an agreement about the issues in their divorce. In addition to being the simplest, and least time-consuming way to obtain a divorce, it is also significantly less expensive. A dedicated divorce lawyer can walk you through the process of obtaining an uncontested divorce and secure the best possible outcome.

What Is the Difference Between a Contested and an Uncontested Divorce?

In a contested divorce, the couple is unable to resolve some or all of their issues, which means that the court will need to intervene. As a result, the process of obtaining a divorce will be significantly more time-consuming and expensive. In addition, a judge will determine the outcome of many of the key issues of the divorce, including spousal support, custody issues and the distribution of marital property. In an uncontested divorce, the couple may disagree on certain details, but they agree on the terms that apply to the termination of their marriage. Therefore, they are able to avoid having to litigate their divorce in court.  

How Do I Obtain an Uncontested Divorce?

There are two ways to obtain an uncontested divorce, depending on your specific circumstances. If you and your spouse both agree on key issues, including spousal support, child support and custody and visitation issues, you and your spouse will need to submit an agreement, settlement, or stipulation to the court. This will provide documentation of all of the issues that you and your spouse have agreed upon. You may also obtain an uncontested divorce if you filed for divorce and made specific requests regarding child custody or ownership of the family home, but your spouse does not respond to the divorce papers, nor does he or she appear in court. The case will proceed without any input from your spouse.

What Issues Must Be Agreed Upon in Order to Obtain an Uncontested Divorce?

Whether your divorce is contested or uncontested, you and your spouse will need to resolve the following important issues before the divorce will be finalized:

  • Child custody: Determining who has custody of the children and when is another important issue that must be resolved before a divorce can be finalized. Couples who are pursuing an uncontested divorce may be able to reach an agreement about child custody on their own, while others will have to resolve their issues in court.
  • Child support: This ensures that children continue to receive the financial support that they are entitled to, and they do not become economic victims of their parents’ divorce.
  • Division of marital assets: New Jersey follows the law of equitable distribution, which means that all marital property that has been accumulated over the course of the marriage will be divided equitably, rather than an automatic 50-50 split.
  • Spousal support: Also known as alimony, this is the financial support that one spouse pays to the other spouse after the divorce has been finalized. The payment amount will be determined by the court after all relevant information has been evaluated.

Whitehouse Divorce Lawyers at Martin & Tune Attorneys at Law Assist Clients with Uncontested Divorces

If you have questions about pursuing an uncontested divorce, do not hesitate to contact the Whitehouse divorce lawyers at Martin & Tune Attorneys at Law. Our dedicated legal team will walk you through every step of the divorce process, address all of your questions and concerns and secure the best possible settlement. To schedule a free, confidential consultation, call us today at 908-534-9091 or contact us online. Located in Whitehouse, New Jersey, we serve clients throughout Hunterdon County, Monmouth County, Whitehouse, and Tewksbury.

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