Divorce is always challenging, but when spouses cannot agree on the terms of their separation, the process becomes even more complicated. A contested divorce can be significantly more stressful, contentious, drawn out, and costly than an uncontested one. With the help of an experienced New Jersey contested divorce lawyer, you can navigate this difficult process as smoothly as possible and begin building a brighter future.

The team at Russell Law Divorce & Family Lawyers offers compassionate support and tenacious representation as you face this challenging transition period. Contact us at (732) 726-6236 to learn more.

What Is a Contested Divorce in New Jersey?

A contested divorce occurs when spouses cannot agree on one or more key issues related to their separation. These disagreements may involve:

These disputes often need to be settled through mediation and potentially a trial. The process can be emotionally draining, particularly when one side refuses to compromise. However, an experienced New Jersey divorce attorney can help you build a strong, evidence-backed case for your desired outcomes and then negotiate on your behalf.

Contested vs. Uncontested Divorce in NJ

The biggest difference between contested and uncontested divorces is that, in contested divorces, the spouses do not agree on the major terms of the separation. However, that disagreement begins a domino effect that can also lead to:

  • A longer timeframe – Resolving disputes in a contested divorce can be time-consuming, dragging out the process significantly longer than most uncontested divorces.
  • More court involvement – Uncontested divorces can often avoid significant court involvement. However, contested divorces frequently require mediation, hearings, discovery, and potentially even a full trial.
  • A more expensive divorce – The longer the divorce takes to settle, the more it will cost. This is especially true if the case needs to go to trial.

These factors underscore the importance of working with a New Jersey family law attorney who can fight to minimize their impact and finalize your divorce as quickly and smoothly as possible.

Common Issues in Contested Divorce Cases

No two divorce cases are exactly alike, but certain issues frequently arise in contested divorce, regardless of the specific circumstances of the case:

Child Custody and Parenting Time

Contested divorces become even more contentious and challenging when children are involved. New Jersey law requires custody decisions to prioritize the best interests of the child above all else, but parents can have contrasting ideas on what kind of arrangement best serves their children.

Common aspects of custody debates involve:

  • Where the child will live most of the time
  • How much parenting time each parent will have
  • Decision-making authority for education, healthcare, and religion
  • Holiday, vacation, and school break schedules

When a contested divorce in New Jersey involves child custody, courts typically encourage negotiation or mediation whenever possible. If parents still cannot agree, the court will determine an arrangement that best suits the child’s needs.

Division of Assets and Debts

Dividing marital property can be a point of significant contention in a divorce, especially in long marriages or cases involving considerable assets. New Jersey follows an equitable distribution rule, which means marital property is divided fairly – but not always equally.

Asset division disputes frequently involve:

  • Family homes and vacation properties
  • Retirement accounts, pensions, and investments
  • Business ownership and professional practices
  • Debts such as mortgages, loans, and credit cards

Resolving asset division debates requires accurate valuation. Our attorneys work with appraisers, accountants, and forensic financial specialists to determine the worth of marital property and uncover any hidden assets.

Spousal Support

Spousal support, or alimony, frequently causes disagreements in contested divorces. One spouse may feel entitled to significant financial support, while the other may resist paying anything at all.

New Jersey courts consider several factors when deciding whether or not to award alimony, including:

  • Each spouse’s needs and ability to pay
  • Duration of the marriage
  • Standard of living during the marriage
  • Each spouse’s income, earning capacity, and employability
  • Financial and non-financial contributions to the household
  • Age and health of each spouse

The amount and duration of spousal support can vary widely. In contested cases, both sides often begin with very different perspectives on what amount, if any, is fair.

The Legal Process of a Contested Divorce

Because they involve disputes that require resolution, the contested divorce process follows several structured steps:

Filing the Complaint

The divorce process begins when one spouse files a Complaint for Divorce with the Superior Court of the county where they lived when they separated. The complaint outlines the legal grounds for divorce and specifies the terms they are seeking. Grounds for contested divorce in NJ can simply be “irreconcilable differences” as New Jersey does not require a spouse to be at fault to grant a divorce.

After the spouse files the complaint, they must serve the other spouse with a copy, typically through a sheriff, a process server, or, in some cases, certified mail.

Response and Case Management

Once the complaint is filed, the other spouse must file an Answer or Counterclaim. A case management conference will then be scheduled. A timeline for discovery will be set, disputes will be identified, and the court may require mediation.

Discovery

The discovery process allows both parties to gather and exchange evidence and relevant information. This can include:

  • Requests for production of documents
  • Sworn testimony
  • Written questions
  • Subpoenas for records

Discovery can be lengthy and contentious, particularly when one spouse suspects the other is hiding assets. However, this phase is crucial for both parties to establish common ground on which to base their cases.

Mediation and Settlement Conferences

New Jersey courts frequently require parties in contested divorces to attempt settlement through mediation. This allows spouses to work with a neutral third party to resolve disputes and avoid a trial. Fortunately, many cases settle during this stage, saving a lot of time and money.

Trial

If a settlement cannot be reached, the case proceeds to trial. In court, a New Jersey contested divorce lawyer will present evidence, witnesses, and expert testimony to make a compelling case for the desired resolution. The judge then issues a final ruling on custody, property division, spousal support, and any other unresolved matters.

How Long Does a Contested Divorce Take in NJ?

Unfortunately, there is no one answer to this question. Every divorce case is unique, and there is no fixed timeline.

Several factors influence the duration of your case, including:

  • Number of disputed terms
  • Complexity of each dispute
  • Willingness of parties to cooperate
  • Availability of expert witnesses
  • Whether the case goes to trial

Divorcing couples should always prepare for a lengthy process, but remember that skilled legal representation can help move things forward and prevent unnecessary delays.

Why You Need a Divorce Attorney for a Contested Case

Attempting to handle even an uncontested divorce case on your own can be overwhelming – a contested case presents far more challenges and risks. Divorce law is complex, you are likely up against an experienced attorney, and your future hangs in the balance.

Hiring a knowledgeable New Jersey contested divorce lawyer means:

  • Protecting your rights – Your attorney can build a compelling case for your desired outcomes, whether that involves asset division, child custody, spousal support, or all of the above.
  • Advocating for your children – When your family’s well-being is on the line, it is vital to have an attorney who can fight for the custody arrangement and parenting schedules that best suit your children’s needs.
  • Handling court procedures – Your attorney can help you file all documents accurately, meet all deadlines, and attend all court appearances so you can avoid costly mistakes.
  • Revealing hidden information – If the other party is concealing marital assets or any other critical information, your attorney has the tools to uncover it.
  • Negotiating and litigating – You want someone who is both a skilled negotiator to represent you when it comes time to reach a settlement and a seasoned trial lawyer if your case has to go to court.

How to Choose the Right Divorce Attorney for a Contested Divorce

Because the stakes in a contested divorce are so high, selecting an attorney to represent you can often be the most important decision you make throughout this process. Here is what to look for:

  • Experience with New Jersey contested divorce – You want an attorney who has a substantial history of tackling complicated family law disputes and is deeply familiar with New Jersey divorce law.
  • Strong communication – It is critical to work with an attorney who is accessible, responsive, and capable of explaining each step of the divorce proceedings to you clearly.
  • Compassionate, client-centered approach – This is a significant, often difficult transition for you. You want an attorney who recognizes that and tailors their approach to not only achieve your desired outcome but also offer you critical support throughout the process.
  • Fierce advocacy – Compassion and understanding are key, but so is tenacity. Your attorney should be ready and willing to advocate aggressively for your best interests – because you can only assume the other party’s representation will do the same for them.

Contact a Contested Divorce Lawyer Today

The team at Russell Law Divorce & Family Lawyers offers a century’s worth of combined experience and a strong reputation for compassionate representation backed by a long list of glowing client testimonials like this one:

“Joe continually had a firm grasp on the pulse of my case. His insight as to how to proceed with each step was spot on, and proved to be invaluable to me and the settlement of my significantly complicated divorce case. Joe is honest, trust worthy, and demonstrated several times throughout my case his desire to NOT take a course that would have increased his fees-but rather the best course-even if it meant it would minimize legal costs. I would highly recommend his services to my family and friends.” – Gary M.

If you are seeking a favorable resolution in your contested divorce, we can help. Our team will fight to protect your rights so you can start this new chapter in your life on the right foot. Contact us today at (732) 726-6236 or complete our contact form for your consultation.