Uncontested Divorce – Brief Overview

WHAT IS AN UNCONTESTED DIVORCE?

 

An uncontested divorce is one where both parties agree on all the divorce terms and do not need the court to divide assets and debts or make determinations regarding alimony, child custody/parenting time, child support, or any other marital issues. 

In order to proceed with an uncontested divorce hearing, the parties must have a signed Marital Settlement Agreement that states the terms of their agreement, tailored to address all the unique issues relevant to their marriage.   There cannot be any issues left for the judge to decide.  It is important that both the parties are confident that each has a complete and accurate understanding of each party’s finances and that the agreement is fair and equitable.  

 

If you and your spouse have a relatively amicable relationship, with open and honest communication, and you feel that you can work out your issues outside of court, then proceeding with an uncontested divorce may be an option for you.  Each of you should meet with a separate attorney to go over the divorce process and identify all of the issues that need to be addressed in your case (one attorney cannot represent the both of you, even if the matter is uncontested).  Then, with the help of counsel, you can negotiate and finalize a Marital Settlement Agreement and proceed with an uncontested divorce hearing.

 

WHAT ARE THE BENEFITS OF AN UNCONTESTED DIVORCE?

 

Generally, an uncontested divorce is less complicated than a contested divorce and can be granted in much less time.  Legal fees are normally much less if you reach an agreement with your spouse, as opposed to going to trial and having a judge decide.   You also end your marriage with dignity in a cooperative fashion, rather than dragging each other and your family “through the mud.”

 

CONTACT TOMS RIVER FAMILY ATTORNEY JILL JEDRUSIAK

If you would like to learn more about the uncontested divorce process in New Jersey, or are ready to file for divorce, please contact The Law Office of Jill Jedrusiak, LLC today at (732) 719-2202 or visit our website at www.jerseyfamilyattorney.com.