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An uncontested divorce is another term for “no-fault divorce” in New Jersey. It means that you and your spouse have agreed to the basic terms of the divorce and have only the paperwork and procedural requirements left before the divorce can be finalized. Uncontested divorces can be amicable and cost-effective.
However, this simplification does not mean that you don’t need a lawyer to finalize an uncontested divorce. At Team Law, our family law attorneys work closely with divorcing clients to make sure every detail is properly handled. We go over the details with the benefit of years of experience to make sure the final divorce agreement protects you and your family.
Do You Have Questions About Uncontested Divorce? We Can Help, Tell Us What Happened.
When issues like child custody and your financial security are on the line, it’s always important to get the advice of an experienced family law attorney. Every divorce is unique–so even if you’ve been through the process before, it’s always smart to get experienced help to make sure you haven’t overlooked an important issue.
We offer a free case review to every potential client so that you can learn more about our practice and how we can help. Call or contact Team Law to schedule your free consultation today.
New Jersey only requires you to satisfy two basic requirements to get an uncontested, “no fault”, divorce:
All divorcing parties in New Jersey must specify a reason for the divorce–irreconcilable differences is the most commonly cited grounds for an uncontested divorce.
Beyond those two basic requirements, the divorcing parties are free to reach any agreement that they deem acceptable. However, every divorce agreement should cover two basic topics:
If you and your spouse have children, child support and child custody matters should also be agreed upon prior to finalizing the divorce.
From a technical, legal standpoint, one party will file divorce papers that outline their wishes with respect to these issues. If the other spouse accepts, the divorce is considered uncontested.
In reality, it can be helpful to sit down with a lawyer and discuss your expectations prior to filing formal paperwork. At Team Law, we are always available to discuss your options and help you understand your rights. To learn more, schedule a free consultation today.
It’s also important to make sure that all assets and liabilities are accounted for when reaching an uncontested divorce settlement agreement. Our lawyers will work with you to make sure the following are all addressed by the settlement:
Each spouse has full information regarding the family’s financial situation, dividing the assets may be a simple process. Disclosing financial documents and discussing asset valuation can be key to evenly dividing the marital property. Assuming both spouses are being honest about their finances and prefer an uncontested divorce, a lawyer can help you negotiate a fair and equitable division of your assets and debts.
In resolving child custody issues through an uncontested divorce, communication between the spouses is also key. When reaching an agreement, it’s important to consider issues like:
A child custody arrangement does not have to be set in stone, but it’s important to set certain key parameters to avoid ending up in court down the road. Some families find it helpful to share a calendar so that all parties understand who is responsible for various child care obligations.
It’s important to know that an uncontested divorce doesn’t mean a “paperwork-free” divorce. To finalize the divorce, you must file a complaint, a case information statement and various other documents with the court. Those documents must also be formally served on the other spouse. The settlement agreement, which lays out the actual terms of the divorce, is incorporated into a final judgement to finalize the divorce.
An uncontested divorce is a cost-effective and relatively low-conflict way to end a marriage. At Team Law, we can help you understand if the process is right for your family. An experienced family law attorney will sit down with you and review the proposed terms of your divorce settlement agreement.
If you think an uncontested divorce is right for you, call our office to speak with an experienced New Jersey family law attorney today. We can help you turn an informal agreement into a formal marital settlement agreement. We will also make sure that your paperwork is properly filed so that your divorce is legal.
Yes. You should have an attorney review the settlement agreement before it is finalized. Consulting with a lawyer doesn’t always have to be a drawn out process. Your primary goal is to make sure your rights are protected–especially when a contract can involve legal jargon and terms that you might not be familiar with.
Irreconcilable differences technically means that for at least six months, you have experienced difficulties in your marriage and feel that you cannot save the marriage. This is just the reason most commonly given for a no-fault divorce in New Jersey.
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