a small firm that packs a big punch
- Home
- Attorneys
- Articles
- Practice Areas
- Family Law
- Criminal Defense
- Employment Law
- Personal Injury
- Workers’ Compensation
- Real Estate
- Wills, Trusts & Estates
- Blog
- Courts We Serve
- Contact
- Toggle website search
When going through a divorce, many Newark couples deal with disagreements over important issues. This is called a contested divorce. They can be especially common for couples who were married for a long time, as their assets have likely become intertwined. Having an experienced Newark contested divorce lawyer on your side can be crucial to a favorable outcome in your case.
Contested divorces can bring up a lot of uncertainty over the outcome of your future. Here at The Montanari Law Group, LLC, we know how overwhelming this can be for our clients. We’re a New Jersey-based law firm dedicated to the well-being of our clients during some of their most challenging times in life. We offer initial consultations to residents of Newark and the surrounding region.
As of 2023, 7% to 11% of Newark residents were divorced. A court in New Jersey can grant a divorce for several reasons, outlined in New Jersey Statute § 2A:34‑2. These reasons include:
Regardless of the reason, divorces can be extremely stressful. When you and your spouse can’t agree on what assets you’ll keep or the custody of your child, it can be overwhelming.
A contested divorce occurs when spouses do not agree on one or more parts of the divorce. This could include parenting time, child support, and alimony. The court sets up events to help the couple work through the issues they can’t agree on. Most couples can find resolutions through these methods. They may include:
Mediation may be ordered for conflicts about custody and parenting time. This is a way to solve disagreements between parents without having a judge decide the case. Instead, a neutral person, called a mediator, oversees the meeting. The mediator does not decide the outcome of the case.
Everyone has a chance to express their feelings during mediation. This can reduce anger and help find agreements that both sides can accept. Mediators can’t take sides or force anyone to agree.
What is said in mediation usually stays private. Mediation costs less and takes less time than going to court. The case can still go to trial if mediation doesn’t work.
This is a class to help parents understand how divorce affects children. It works to prioritize children during divorce proceedings. With 25% of Newark residents being under 18 years old, custody is often highly contested.
Often called ESP, this is a court program where attorneys review the case and suggest ways to resolve financial issues.
Both parties have to participate if their case is sent to ESP by the judge. If a party refuses or does not provide the required information, the court may order them to pay the other side’s legal fees or even dismiss their case.
The court uses these events to help the couple settle their disagreements without needing a trial. It helps save both parties time and money.
It’s important to hire a contested divorce lawyer with experience in similar situations. The Montanari Law Group, LLC, understands the complex emotions involved in divorce. One of our experienced family law attorneys can listen to your concerns and explain what legal options are available to you. We’re proud to serve couples across Essex County in their contested divorce cases.
You don’t have to go through this difficult time alone. Let our team handle the legal side of things so you can focus on adjusting to your new life.
A: Contested divorce costs depend on the specifics of your case. These may include filing fees and your attorney’s fees if only one issue is contested. If more issues are contested or the case requires a trial, the costs rise. Uncontested divorces cost at least the basic filing fee, so you can expect contested divorces to cost much more. Our attorneys can offer transparent pricing expectations during your initial consultation.
A: A divorce complaint is the first document filed with the court to initiate divorce proceedings. It details the reasons for wanting a divorce and what is being requested for alimony and other issues. If someone files for divorce and sends you a Summons and Divorce Complaint, you have 35 days to respond to the court after you receive these papers. If you do not respond, the court may grant the divorce based on what the other party filed.
A: You must file an appeal within 45 days of the court’s decision. For those in Newark, you’ll file with the Richard J. Hughes Justice Complex, located at 25 West Market Street. You’ll pay a $250 filing fee and another $300 within 30 days of filing. If you win the appeal, the $300 will be refunded. If you lose, it may be used to pay court costs or a settlement.
A: New Jersey does not follow a community property system. Property is divided based on what is fair, not equally. The court looks at many factors, like:
Both parties exchange detailed financial information during a discovery process to decide the outcome. It’s crucial to have an experienced Newark contested divorce attorney who can advise you.
You deserve to feel heard by your divorce attorney. The Montanari Law Group, LLC, can prioritize your needs and desires during the entirety of your legal case. We offer confidential consultations to those in Newark and the surrounding areas who need to explore their legal options.
If you’re struggling with disagreements with your ex, contact us today for guidance with contested divorce laws.