Divorce can be a difficult and emotional process, but it doesn’t always have to be contentious. For couples seeking a more amicable separation, an uncontested divorce may be the best option. Understanding what an uncontested divorce entails and whether you qualify for one can help you navigate this challenging time with greater clarity and ease.
New Jersey Uncontested Divorce Attorney Melissa Fecak, Esq. at South Jersey Divorce Solutions, helps you understand more about uncontested divorce and if it could be right for you.
What is an Uncontested Divorce?
An uncontested divorce occurs when both spouses agree on all major issues related to the divorce, including:
- Asset Division: How to divide marital property and debts.
- Child Custody and Parenting Plans: Arrangements for the care and custody of children.
- Child Support and Alimony: Financial support payments that may be necessary.
- Any Other Relevant Issues: Any additional agreements that need to be addressed during the divorce.
Since the parties mutually agree, an uncontested divorce typically involves fewer legal proceedings and can be resolved more quickly than a contested divorce. This has numerous advantages for both parties, including:
- Cost-Effective: Uncontested divorces generally incur lower legal fees, as they require less time and fewer (or no) court appearances.
- Quicker Resolution: Because both parties have agreed on the terms, the divorce can often be finalized more quickly than in a contested case.
- Less Stressful: An uncontested divorce’s collaborative nature can reduce hostility and emotional strain, allowing both spouses to part ways more amicably.
- Greater Control: Couples can create their own agreements that cater to their unique circumstances rather than having a judge make determinations for them.
Contentious divorces involve numerous steps ordered by the court to help both parties resolve their issues. These steps greatly increase the timeline and costs for everyone, making life more difficult for the entire family.
Do I Qualify for an Uncontested Divorce?
To qualify for an uncontested divorce, certain criteria should be met:
- Mutual Agreement: Both spouses must agree on all significant issues related to the divorce. Mediation or other dispute resolution methods may be necessary if there are unresolved conflicts.
- No Complications: If there are complex financial matters, significant child custody disputes, or issues of domestic violence, an uncontested divorce may not be appropriate. It’s essential to evaluate whether the issues at hand can be agreed upon.
- Willingness to Cooperate: Both parties must be willing to communicate and cooperate throughout the process. Uncontested divorces thrive on open dialogue and compromise.
- Residency Requirements: In New Jersey, residency requirements must be met before filing for divorce. At least one spouse must have lived in New Jersey for at least 12 months prior to filing.
- Legal Documentation: Both parties will need to complete and submit the required legal forms, including the divorce complaint and any agreements on asset division, custody, and support. Having these documents prepared accurately is key to ensuring a smooth process.
What is a “Divorce On the Papers?”
In New Jersey, an uncontested or default divorce judgment can be obtained without attending a court hearing. This process is commonly referred to as “Divorce on the Papers” or default divorce, and many counties in the state utilize it for various uncontested divorce cases.
Typically, a family law judge reviews the submitted divorce paperwork and grants the divorce without a hearing based solely on that documentation. However, documentation is missing; if something is not completed properly or is incomplete, the judge may decide to schedule a hearing to address those matters.
New Jersey Uncontested Divorce Attorney
An uncontested divorce can provide a simpler and more cooperative way to end a marriage while addressing key issues collaboratively. If you and your spouse can agree on the terms of your divorce and meet the qualifying criteria, this approach may save you time, money, and stress.
If you think an uncontested divorce might be right for you, a New Jersey Uncontested Divorce Attorney with South Jersey Divorce Solutions can facilitate a faster and more cost-effective dissolution of your marriage with an uncontested divorce. Contact us today to learn more.