What is an Uncontested Divorce?
A divorce is always a difficult time, but if both parties are on good terms and can work together to reach a settlement, it can be a much quicker and easier process. An uncontested divorce in New Jersey occurs when both parties agree on all of the major factors of the divorce, including:
- Child custody and parenting time, including who the children will live with
- Child support, including medical expenses and health insurance for the children
- Division of assets and debts
- Alimony or spousal support
- Any tax related issues such as deductions or exemptions
- Any other issue related to the marriage, including ownership of a business or monies received by way of an inheritance.
If the spouses disagree on any of these points and a settlement cannot be reached, they will have a contested divorce, which must go to trial. A New Jersey uncontested divorce can quickly go to a final hearing, usually with no need for pretrial proceedings such as discovery, where spouses share necessary information with each other.
Requirements for an Uncontested Divorce
Uncontested divorces in New Jersey have two basic requirements:
- At least one of the spouses must have lived in New Jersey for at least one year prior to the initial divorce filing.
- There must be a ground, or legal reason, cited for the divorce.
- In an uncontested divorce, couples typically select ‘irreconcilable differences’ as the ground, because neither spouse is being blamed for being the cause of the divorce. This is called a ‘no-fault’ divorce.
- A ‘fault’ divorce, on the other hand, cites marital fault on the part of one or both spouses, such as cruelty, adultery, or desertion. These grounds are less likely to be amicably agreed to than irreconcilable differences.
In New Jersey, an uncontested divorce can be expedited if several criteria are met:
- The marriage lasted for less than five years.
- There is no dispute about the facts or issues surrounding the marriage, such as income, value of assets, or child custody.
- The spouses have agreed to the terms of a written and signed property settlement agreement detailing their entire agreement.
Contact Himelman & Himelman Today
If you are seeking an uncontested divorce, it is important to consult an experienced NJ divorce attorney to make sure that every detail has been considered, and all requirements have been met to ensure a divorce process that is as quick and easy as possible. Contact us today to discuss your New Jersey uncontested divorce.