“Contest” means to oppose or to challenge. In terms of your New Jersey divorce, it means that you and your spouse oppose or challenge each other’s views on any or all of the following: the child custody arrangement; necessity for, amount, or duration of alimony; equitable distribution of assets, or request for child support. When a contested divorce cannot be resolved through negotiation; a form of alternative dispute resolution such as mediation, arbitration, or collaborate divorce; or during one of the State’s mandatory mediation or settlement conferences, it proceeds to trial.
Divorce trial proceedings occur in the Family Division of the Superior Court in the county in which you filed your initial divorce complaint. Like other trials, it provides both parties (and their divorce attorneys) with the opportunity to argue their positions and present evidence to support these arguments. The evidence presented may include interrogatories, documents, deposition transcripts, and expert reports, all of which are gathered during the discovery period of the divorce process. At the conclusion of the trial, which may take place over several hearings, the judge will issue his or her decision regarding all issues, which will then be included in the Final Judgement of Divorce.
Unfortunately, contested divorce is often a protracted process that can drag on for months or even years, depending on the specific case. Due to the time and money often associated with contested divorce, many divorcing couples choose to resolve their issues through negotiation or a type of Alternative Dispute Resolution. Divorce attorneys from both sides can regularly engage throughout the divorce process, proposing settlement terms that the other party may consider and respond to. Through negotiation, you and your spouse may come to mutually-agreeable terms that allow you both to move forward without spending additional time and money. You may also pursue alternative dispute resolution, which simply means resolving your issues outside of the traditional litigation process. The most commonly used forms of ADR to resolve divorces in New Jersey include:
Like your relationship, your divorce is extremely personal. As such, the decision to pursue a contested or uncontested divorce will be entirely dependent upon your specific situation and the willingness of your spouse to compromise. An experienced divorce attorney can serve as a critical asset as you make these important decisions, ensuring that you are thoroughly educated about all of your options, as well as the benefits and drawbacks of each. Stay tuned for our next article about New Jersey divorce or contact our offices in Little Falls at 973.233.4396 to speak with one of our highly knowledgeable New Jersey divorce attorneys. Consultations are always provided free of charge.
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