Tuesday, July 18, 2017
As an experienced New Jersey Divorce Attorney, I am often asked by clients about contested divorce. The contested divorce process is exactly the same as the uncontested divorce process, where both process start out with filing the summons and complaint. Then the process moves to the case management order document, which will identify the steps you will take to get divorced. After you do your case management conference, you will do what’s called discovery depositions. This where you have an employability evaluation to find out how much exactly should this spouse be earning.
After you go through the discovery process, the next step would be an early settlement panel hearing. This is like mediation, there will be two lawyers that sit in a room. They take your paperwork, and goes through all the actual issues that you have. Once both lawyers take a look at your paperwork they will gather enough information to help finalize your divorce. If the early settlement panel doesn’t work then you’re going to go to economic mediation. This is essentially the same thing as the early settlement panel, except now there is one lawyer instead of two.
If none of those end up working, then you go to the intensive settlement conference. The intensive settlement conference is the last and final step before going to a trail, which is always better to avoid if possible.
The process of an uncontested divorce versus a contested divorce is identical. The only difference is when you go and put through the divorce; if it’s contested you’re going to go to a trial. The judge will make the decisions for you, and will tell you where your kids are going to go, and how much money you will either pay or receive.
Uncontested means you’re going to agree to everything and install your own contract. You’re going to sign the paper, and you’re going to put the divorce through. You’re going to control your own outcome, which is what you want.
Are you unsure if you should do contested or an uncontested divorce? Contact our experienced New Jersey Divorce Attorney for guidance.