What to expect in a contested divorce in New Jersey often depends on the disputes between the spouses and the complexity of the divorce matters involved. Contested divorce litigation, in contrast to uncontested divorce, may include court hearings, discovery disputes, professional testimony, applications for temporary support, and extensive negotiations. It can take a significantly longer time to reach a resolution in a contested divorce case.
When spouses have unresolvable disagreements over alimony, equitable distribution, child custody, or business ownership, the litigation process may be drawn out considerably. Understanding the process of contested divorces in New Jersey courts can help you better prepare for the legal, financial, and procedural issues that may arise during your case.
The Filing and Initial Stages of a Contested Divorce
A contested divorce in New Jersey usually starts with the filing of a complaint by one spouse and the service of the complaint on the other spouse. The other spouse may file an answer to the complaint, which may dispute the allegations of the complaint and also assert claims relating to child custody, spousal support, and equitable distribution of marital property.
Once legal proceedings are underway, courts commonly issue an order that establishes timelines for financial disclosures, discovery, and other procedural matters. In certain circumstances, spouses might also ask the court for temporary orders regarding child custody, visitation schedules, or financial support.
The CDC reported in 2023 that there were 2.2 divorces per 1,000 people in New Jersey. The national divorce rate in 2023 was 2.4 divorces per 1,000 people. Contested divorces can last for months, and sometimes even longer, but for many, they are the only option.
Financial Discovery and Exchange of Information
Discovery can often be one of the lengthier parts of a contested divorce. In most cases, both spouses must exchange financial statements and provide information regarding their income, debts, investments, retirement accounts, businesses, and other assets.
The courts in New Jersey typically require the parties to file a Case Information Statement. This is essentially an overview of the couple’s financial situation. New Jersey contested divorce lawyers may also use subpoenas, interrogatories, depositions, and requests for documents to find out more about disputed financial issues.
Discovery disputes are common in high-asset divorce cases. Other instances that often require discovery include cases in which one spouse suspects the other spouse of hiding assets, under-reporting income, or selling or giving away marital property before the parties have reached a settlement.
Complex marital estates sometimes require formal business appraisals, tracing analyses, or forensic accounting to evaluate disputed assets before a case can be settled or go to trial.
Temporary Orders for Custody, Support, and Living Arrangements
Temporary court orders can become necessary once a contested divorce is pending in the New Jersey family court. Temporary applications, often referred to as pendente lite motions, are sometimes related to issues of child custody and parenting schedules, child support, spousal support, payment of household expenses, or exclusive possession of the marital residence.
This type of relief is usually considered based on the needs of the parties and their children while litigation is pending. Financial support disputes can be particularly acrimonious when one spouse challenges the other’s income, employment status, or access to marital money during a period of separation.
Temporary custody decisions may also impact the course of later negotiations and litigation if the parties are entrenched in conflict over an extended period of time. According to the U.S. Census Bureau, approximately 22.2 million children under age 21 were considered child support eligible in 2022, highlighting how frequently support and custody enforcement issues arise in family court.
Settlement Negotiations, Mediation, and Divorce Trial
Many contested divorces in New Jersey settle after a party or both parties have started the litigation process. The court may order the parties to go through mediation or a settlement conference before a judge before setting a trial date. These negotiations might touch upon alimony, child custody, the fair division of assets, visitation schedules, or who shoulders the marital debt.
If the parties do not reach a settlement, the matter can be tried before a judge in the Family Division of the Superior Court. Testimony can be taken at trial from the parties, accountants, custody evaluators, vocational professionals, and any other witnesses who have information about a disputed issue. Trials in contested matters with significant assets or custody issues at stake can take several court days to complete.
Hire a Divorce Lawyer with Experience Handling New Jersey Contested Divorce Cases
The New Jersey family lawyers at The Montanari Law Group handles contested divorce litigation and other family law issues in Northern New Jersey. We handle custody disputes, alimony, equitable distribution, parenting time, and complex financial disputes as part of the divorce process. Our law office in Little Falls represents families in Bergen County and surrounding communities in negotiated settlements as well as contested hearings in the Superior Court of New Jersey, Chancery Division, Family Part.
FAQs
Can a Spouse Refuse to Sign Divorce Papers in New Jersey?
A spouse cannot unilaterally prevent a divorce from being granted merely by refusing to sign any papers or appear in a divorce action. A no-fault divorce may be filed in New Jersey by virtue of N.J.S.A. § 2A: 34-2 on the grounds of irreconcilable differences, and after proper service, a default may be entered against a spouse who fails to respond. Their uncooperative behavior, however, can result in prolonged litigation and additional expense.
Are Business Interests Divided During a Contested Divorce?
Business interests may become subject to equitable distribution during a contested divorce, based on when the company was started and whether or not the business has benefited from the joint efforts of the marriage.
Ownership records, business income, payroll records, and the value of the business may be reviewed by the courts to determine whether a portion of the business can be considered a marital asset up for distribution in the litigation.
What Happens if a Spouse Violates a Court Order During Divorce Litigation?
A party may face contempt proceedings for violating a family court order during divorce proceedings. They might face a motion to enforce the order, pay monetary sanctions, or appear at additional court hearings. Common motions for enforcement include unpaid support, not making required financial disclosures, or obstructing parenting time.
Can a Parent Move Out of Bergen County During a Divorce Case?
Moving during a contested divorce may give rise to custody and parenting time disputes, especially if there are minor children involved. For example, a court may consider how a move impacts a proposed parenting time schedule, transportation issues, school stability, and the relationship between the child and the parents.
Custody disputes in Bergen County sometimes involve disputes concerning school districts, such as Hackensack Public Schools or Ridgewood Public Schools, during litigation.
Contact a New Jersey Divorce Lawyer
Contested divorces often involve significant disputes concerning finances, child custody, support, and property. At The Montanari Law Group, we handle contested family law cases in New Jersey, including litigation, settlement talks, and complicated divorces. Schedule a consultation today to hire a New Jersey divorce lawyer.
