Uncontested Divorce: How Does it Work?
May 16, 2017
In NJ, either spouse can file a Complaint for Divorce. When the other spouse has no objections to getting a divorce, some people refer to this as an “uncontested” divorce. But in NJ, you do not need consent from your spouse to get a divorce.
When attorneys refer to an “uncontested” divorce, they usually mean a divorce in which the parties have no contested issues. That is, the parties agree on custody, parenting time, support, equitable distribution of assets and any other issues. But it’s unlikely that spouses getting divorced will agree 100% on everything. So, either they have to negotiate the contested issues or have a judge decide them. As long as there are unresolved issues, it is not an “uncontested” divorce.
Some couples have disputes over some issues and do not want to spend the time and money to have a trial in which the Judge decides those issues. Those couples can go to a mediator to help them work out their issues. Or they can each use an attorney who will negotiate for them. Or they can enter the Collaborative Divorce process in which they negotiate for themselves with the assistance of their Collaboratively-trained attorney.
The end product for all of these methods will be a written Agreement that the parties enter by consent and which resolves all the issues. The Agreement will then be incorporated into their Judgment of Divorce. In many counties, the divorce can be processed “on the papers” and no court appearance is required by either party or their attorneys.
For more information, contact Risa A. Kleiner, Esq. at 609-951-2222 or by email at firstname.lastname@example.org.