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A Hackensack contested divorce lawyer handles divorce cases where spouses cannot agree on all issues related to ending their marriage. Spouses may litigate issues related to child custody, alimony, property division, ownership of a business, or parenting time.
Divorce litigation can be expensive and emotionally draining, especially if large assets are at stake. When there is contention or high-conflict between spouses that cannot be resolved through alternative means, it is considered a contested divorce. The Montanari Law Group handles contested divorce cases in Bergen County, New Jersey. We are familiar with the legal and procedural issues that can complicate divorce actions in the New Jersey court system.
Family law services at The Montanari Law Group include contested divorce litigation, custody and support disputes, and complex property division issues in Northern New Jersey. Family law matters handled by the firm include high-conflict disputes, financial disclosure issues, and contested hearings in the family courts of New Jersey.
The Montanari Law Group is located in Little Falls. We serve clients in Bergen County, Hackensack, and throughout the surrounding communities. Our Hackensack divorce lawyers represent divorce actions involving both contested and uncontested divorce cases in the Superior Court of New Jersey, Chancery Division, Family Part, located on Main Street in Hackensack. This court hears the majority of Hackensack family law cases.
In one year, there were 4,180 cases of dissolution out of 53,961 total cases filed in the Bergen County Courts. A contested divorce can drag on due to a number of factors. For example, court backlogs can delay resolution, as well as the timeline necessary for evidence gathering and other requirements. A qualified Hackensack contested divorce attorney can avoid unnecessary delays when possible.
Contested divorce litigation in Bergen County generally proceeds through several phases before the case goes to trial or settlement. The process after the divorce complaint is filed generally includes the exchange of financial information and discovery on issues of income, assets, debts, and custody.
Courts may also hold case management conferences, settlement conferences, and mandatory mediation during the course of litigation. Applications for temporary relief involving child support, child custody, parenting time, or spousal support may also be filed while the case is pending.
Some contested divorces involve the testimony of financial professionals, custody evaluators, or vocational professionals before a judge can decide the disputed issues. According to the Centers for Disease Control, New Jersey reported 2.2 divorces per 1,000 population in 2023, while the national divorce rate was 2.4 per 1,000 people that same year.
Division of marital property is rarely simple in a contested divorce, especially where spouses own significant assets or commingled funds. New Jersey is an equitable distribution state, so courts have broad discretion in allocating marital property. Real property, retirement accounts, investment accounts, family-owned businesses, stock options, and marital debt are a few of the many topics that can become issues of dispute through litigation.
Separate property, assets owned before marriage, may also become contested when the property has been commingled with marital funds. Judges, under N.J.S.A. § 2A: 34-23, first consider various statutory factors before dividing property. Business valuations and financial professionals may be necessary in a high-asset divorce.
Disputes concerning children often become a primary contested issue in a divorce. According to the United States Census Bureau, approximately 78.2% of custodial parents in the United States were mothers as of 2022. Disputes can arise concerning the child’s main residence, parenting time schedules, or decision-making authority over important educational and medical matters.
In New Jersey, family courts resolve issues of custody based on a child’s best interests pursuant to N.J.S.A. § 9:2-4. Best interest factors might include elements of the parents’ ability to cooperate, stability of the respective households, needs of the child, work schedules, and history of caregiving.
Some contested custody cases may warrant evaluations from a psychologist or custody professional. Sometimes issues such as substance abuse, domestic violence, or parental alienation are raised in Bergen County family court cases.
Alimony issues are very common in contested divorces where there is a large discrepancy in income, a long-term marriage, or a dispute as to a party’s earning capacity. The New Jersey courts can award a variety of types of alimony, such as open durational alimony, limited duration alimony, rehabilitative alimony, or reimbursement alimony in accordance with state alimony laws.
Common factors the court analyzes are the length of the marriage, the standard of living set during the relationship, each spouse’s income, employability, and financial need. Disputes also frequently arise regarding underemployment, concealed income, or other issues concerning bonuses, commissions, and business income.
Applications for temporary support are also frequently litigated in the Bergen County Superior Court in Hackensack while the divorce is still pending.
Financial disclosure is often a major issue in contested divorce litigation. Spouses are generally required to disclose income, assets, liabilities, investments, retirement accounts, business interests, and other financial information during the divorce process. Disputes sometimes arise when one party alleges that assets were concealed, undervalued, or improperly transferred before or during the proceedings.
Tax returns, bank statements, property records, business valuations, and electronic financial records may all become important evidence in contested divorce cases. In some situations, attorneys may use subpoenas, depositions, or forensic accountants to investigate hidden assets or disputed financial transactions.
High-asset divorces frequently involve accountants, valuation professionals, and appraisers to assess businesses, real estate holdings, investment portfolios, and other complex marital assets before equitable distribution is determined by the court.
Contested divorce litigation often involves disputes concerning finances, children, alimony, and equitable distribution and may require significant court intervention before resolution. Divorces involving complex property issues, businesses, large-value assets, or substantial disagreements between parents often involve financial investigations, formal discovery, and contested hearings in family court.
New Jersey divorce laws are also filled with intricate procedural and statutory requirements that can impact a case. The team at The Montanari Law Group has extensive experience litigating contested divorce issues, including custody battles, support disputes, equitable distribution, and other complex family law matters in Bergen County and Hackensack, and throughout New Jersey. Schedule a consultation today to hire a contested divorce lawyer.
“Michael Montanari was a great lawyer to represent my case and I’m grateful I found him through reviews like these. He’s extremely helpful and knowledgable and it was a pleasure having him represent my case and win. Highly recommend.” – Juan Alvarez
“Michael is knowledgeable, helpful, proactive, and an expert in his field. I had a very specific situation that he was able to expertly navigate and guide me through for the best possible result. I received exactly the outcome I was hoping for and it’s all thanks to the careful guidance and support of Michael and his team. Thank you again Michael!” – Aidan McGourty
“Jayna Patel was a pleasure to work with. Knowing how knowledgeable and experienced she was put me at ease during a very challenging time. She made the process easy and stress free. I would recommend her services to anyone in need of a family lawyer.” – Leyla
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