Uncontested divorce proceedings may be advantageous due to their shorter timelines, reduced stress, cost savings, and more. However, it is important to understand the distinction between uncontested and contested divorce in New Jersey before making any final decisions.
Many Clifton divorce lawyers will recommend uncontested divorce to clients when possible. So what makes uncontested divorce the more desirable choice? Before answering this question, it must be stated that each divorce must be viewed independently. While many spouses will have success choosing uncontested divorce, contested divorce still have its advantages as well and should be considered equally before making any major decisions.
The many reasons to choose uncontested divorce in New Jersey include but are not limited to:
Whether or not divorce proceedings are considered contested or uncontested boils down the response of the individual who has been served divorce papers. The spouse filing for divorce (the plaintiff) will send paperwork to the County Superior Court, who will then notify the other spouse (the defendant) of the legal action.
At this point, the defendant has 35 days to send a response. If he or she responds via an “answer”, “appearance”, or “counterclaim”, the divorce is legally contested. If he or she chooses to not respond, the divorce is considered uncontested.
Once a divorce is formally uncontested, both parties lose some control over issues moving forward as they have waived their right to “contest”. It is therefore highly recommended to work with an experienced Passaic County divorce attorney before agreeing to an uncontested divorce. In a perfect world, all legal disputes would be able to resolved amicably outside of the courtroom without formal litigation. In reality, it is vital that families protect their legal rights and choose the option which best suits their individual needs.
The divorce attorneys of The Montanari Law Group are proud to serve families from across Passaic County towns such as Paterson, Little Falls, Clifton, Woodland Park, Wayne, West Milford and all of Northern New Jersey. Our firm believes in keeping clients informed and involved throughout the legal process, leading to the best possible outcome for their unique circumstances. Unlike larger firms who offer boilerplate legal solutions, we take the time to deliver highly dynamic legal service which address your individual needs and concerns.
To learn more about uncontested and contested divorce in New Jersey, please contact us online or call our Woodland Park offices today at (973) 233-4396 for a free and confidential consultation.
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