Divorce can be one of the most challenging experiences in a person’s life, and understanding the best path forward can be daunting. In New Jersey, as in many other states, there are different routes to divorce, primarily through litigation or negotiation. While around 97% of couples settle their differences amicably and avoid court, there are situations where a litigated divorce is necessary.
South Jersey Divorce Solutions explores the circumstances that may necessitate this more adversarial approach to divorce.
What Is a Litigated Divorce?
A litigated divorce involves a formal legal process where disputes regarding asset division, child custody, support, and other matters are resolved in court. This process typically requires both parties to present their cases before a judge, who will then make binding decisions. While it can be a lengthy and costly process, it may be necessary under certain conditions.
A litigated divorce may be necessary in the following circumstances:
- Significant Disputes Over Asset Division: When spouses cannot agree on how to divide their marital assets—whether property, savings, or investments—a litigated divorce may be the best option. If one partner is unwilling to negotiate in good faith or if there are complex financial issues, such as business ownership or hidden assets, litigation may provide a clear resolution.
- Child Custody and Support Issues: Disagreements regarding child custody arrangements or child support are often contentious and may require court intervention. If parents cannot reach a mutually satisfactory agreement on these issues, a judge can step in to assess the situation based on the child’s best interests. This is particularly true in cases involving allegations of abuse or neglect.
- Unreasonable or Uncooperative Spouse: If one spouse is uncooperative or refuses to engage in discussions about the divorce, litigation may be the only way to move forward. Scenarios where one partner is evasive, emotionally abusive, or manipulative often necessitate a litigated approach to ensure that legal rights are protected.
- Protecting Your Rights: If you believe your rights or interests are at risk—whether concerning custody, financial settlements, or other matters—a litigated divorce may be essential. Strong legal representation can advocate for you in court, ensuring that your voice is heard and your interests are represented.
- Domestic Violence or Abuse: In cases of domestic violence or threat, a litigated divorce may be necessary for protection. Courts have measures in place to prioritize the safety of individuals and their children. Filing for a protection order and divorce simultaneously allows the victim to seek legal and physical safety effectively.
- Complex Legal Issues: Certain divorces involve intricate financial or legal matters that require the court’s expertise to resolve. Situations such as significant debts, business ownership, or pensions often warrant litigation to ensure that property distribution is handled fairly.
- Failure of Mediation or Collaborative Divorce: While mediation and collaborative divorce are preferred approaches that encourage cooperation and communication, they are not suitable for every situation. If attempts at negotiation fail or if one party refuses to engage in the process, litigation may become unavoidable.
Other scenarios may arise requiring a litigated divorce. The Family Law Attorneys at South Jersey Divorce Solutions can provide specific advice and recommendations for your case in a confidential consultation at their Merchantville, NJ, office.
Experienced Representation In Litigated Divorce
While a litigated divorce can be a lengthy, complex, and often stressful process, it can provide the necessary framework for resolving disputes when amicable solutions are unattainable. If you find yourself in a situation where a litigated divorce seems necessary, it is crucial to consult with the experienced family law attorneys at South Jersey Divorce Solutions who can guide you through the process. We can help ensure that your rights are protected and work toward achieving a resolution that is in your best interest.
Why choose us for your litigated divorce representation?
- Legal options tailored to fit your needs
- Out-of-the-box thinking and creative solutions to obtain positive results
- Over 25 years of legal experience in New Jersey Family Law
- Collaborative divorce professional
- Melissa Fecak, Esq., is an experienced, trained mediator on the court roster for Rule 1:40 Post-MESP Economic Mediation
- We can work with you to lessen some of the costs associated with divorce
Navigating a divorce is never easy, but with the right support and understanding of the process, you can move toward a brighter future. Contact South Jersey Divorce Solutions today at (856) 733-0229 to schedule a consultation.