Contested Divorce Lawyer in New Jersey

If you and your divorcing spouse are unable to reach an agreement on one or more of your divorce terms, a judge will need to decide those disputed issues for you. That’s what makes a case contested, as opposed to an uncontested case where the court approves an agreement the two of you already reached.

There are clear advantages to settling out of court, which include that it is less expensive, less time-consuming, and generates less emotional havoc. Sometimes, however, the only way to protect your rights is by addressing the matter in court. Because the stakes are high, it’s always in your best interest to have skilled legal guidance behind you from the start. Our experienced New Jersey contested divorce lawyer at Warren Law Firm is standing by to help.

A Fault-Based Divorce Is a Contested Divorce

Most divorces in New Jersey are no-fault, and this means that they are based on irreconcilable differences. The State of New Jersey, however, also grants fault-based divorces, and the grounds include all the following:

  • Adultery
  • Extreme cruelty
  • Willful desertion
  • Addiction
  • Imprisonment
  • Deviant sexual conduct
  • Institutionalization

Proving Your Spouse’s Fault

To obtain a fault-based divorce, you’ll need to prove through clear and convincing evidence that your claim of fault applies, which is a high bar. Fault is often a hotly contested issue in divorce cases.

Pursuing a Fault-Based Divorce Can Be Worth the Additional Effort

Only if the form of fault that applies to your case directly affects your children’s safety or well-being, such as severe addiction, imprisonment, or extreme cruelty, will your child custody terms be affected.

Under the right circumstances, however, fault can directly affect financial terms, which include alimony and the fair division of marital property. If your spouse’s fault relates to the dissipation of marital funds, for example, it can affect the division of marital property in your favor and can similarly affect spousal support.

Giving Up Decision-Making Authority

A primary concern that keeps most New Jersey divorces out of court is the fact that, when a case goes to trial, the couple gives up the right to make primary decisions for themselves. Many couples find this highly motivating, and they tend to dig deeper in relation to negotiations.

This said, however, there are instances when going to court can amount to cutting your losses, and in these cases, it tends to be the most streamlined approach. If your divorcing spouse is intent on making your divorce as hostile as they possibly can, with little concern about how your case will be resolved, the best path forward is likely a contested divorce. Your trusted divorce attorney will spare no effort in the protection of your rights.

Reach Out to Our Experienced New Jersey Contested Divorce Attorney Today

Kenneth Warren is our practiced New Jersey contested divorce lawyer at Warren Law Firm, and he’s committed to fierce advocacy on behalf of your financial rights and your rights as a parent. The outcome of your case is important to you and your children’s future, so please don’t put off reaching out for more information by contacting us online or giving our firm a call at 609-345-7717 today.