Rozin | Golinder Law has represented numerous clients in contested divorce cases. From start to finish, our team can discuss your options, answer your questions, and represent you in court. Contested divorce proceedings are often stressful and emotionally difficult. Our compassionate East Brunswick divorce lawyers can stand by your side as you seek a favorable solution.
Contact our firm today for a free, confidential consultation.
Contested Divorce Laws in New Jersey
Uncontested divorce occurs when you and your spouse agree on all aspects of the divorce settlement. However, if you and your spouse are unable to agree on the terms of your divorce, your case will go to trial. With our experienced divorce attorneys at Rozin | Golinder Law, you can receive knowledgeable legal assistance throughout the process.
Contested divorce cases often involve disagreements about:
- Equitable distribution of property, assets, and debts
- Alimony awards
- Grounds for divorce
- Child support/custody arrangements
- Visitation rights
New Jersey is an equitable distribution state. This means your property, assets, and liabilities will be divided fairly, not necessarily equally. Furthermore, only your marital property will be divided during a divorce. This refers to property you and your spouse acquired during your marriage. It may include homes, businesses, vacation properties, pensions, debts, and retirement accounts. Once the court identifies your marital property and assets, it will consider the value of the property and make a judgment based on several factors.
When dividing marital property and assets, the judge will consider:
- The duration of the marriage
- The standard of living during the marriage
- The physical health, age, and emotional wellbeing of each party
- The tax consequences of the property distribution
- The liabilities and debts of each party
- The earning ability, education, and occupational training of each party
In contested divorce cases, New Jersey courts have a wide discretion in determining an equitable division of property and assets. If you and your spouse are unable to reach an agreement out of court, you will begin the litigation process of contested divorce. Our East Brunswick divorce lawyers have guided hundreds of clients through the New Jersey legal system, and we can provide personal services and aggressive representation as you seek a positive outcome.
Contested Divorce Requirements in New Jersey
Understanding the specific requirements for a contested divorce in New Jersey is crucial for anyone considering or currently going through the process. In the state of New Jersey, grounds for divorce may include adultery, desertion, extreme cruelty, separation, addiction, imprisonment, or institutionalization. However, it's important to note that New Jersey is a "no-fault" divorce state, allowing couples to file for divorce without necessarily proving fault.
To initiate a contested divorce, one party must file a Complaint for Divorce, outlining the grounds for the divorce and the issues in dispute. The other party then can respond, presenting their claims and defenses. This initiates a legal process involving discovery, negotiations, and court hearings.
Our East Brunswick contested divorce lawyers are well-versed in New Jersey divorce laws and can provide the necessary guidance to navigate the legal intricacies of your case. We work diligently to protect your rights and advocate for a fair resolution through negotiation or litigation.
The Contested Divorce Litigation Process
Once you file and serve the divorce claim to your spouse, you must start preparing for litigation. In a contested divorce trial, you and your spouse will be given the chance to explain your arguments. You will also present evidence in support of your claims. This may include relevant documents, pictures, videotapes, and witness testimony. Depending on the complexity of your case, the trial may last a few hours or continue for days.
If a witness is not cooperative, you can file a subpoena to order them to appear and give testimony on your behalf. However, you do not have to file a subpoena for witnesses who are willing to testify. You must file the subpoena at least 5 days before the trial, as well as pay a fee for the witness’s cost of travel to and from the hearing.
How Long Does a Contested Divorce Take?
The duration of a contested divorce varies based on several factors, including the complexity of the issues in dispute, the willingness of both parties to negotiate, and the court's docket. While some cases can be resolved in months, others may extend over a year or more.
Efficiently managing the timeline of a contested divorce requires strategic planning and a proactive legal approach. Our legal team at Rozin | Golinder Law is committed to expediting the process while ensuring your rights and interests are not compromised. We strive to achieve a timely and favorable resolution for our clients through careful case management and effective negotiation skills.
Call Our Efficient Divorce Attorneys Today at (732) 810-0034
Contested divorce trials are often complicated and emotional. If you are facing a contested divorce, Rozin | Golinder Law can provide diligent representation. Our East Brunswick divorce lawyers care about each client and can work hard to meet your specific legal needs. With our compassionate services and tenacious representation, you can get the experienced legal assistance you need for your case.