Compared to a contested divorce, which is more like a lawsuit, uncontested divorces tend to be quicker, cheaper, and overall easier on both parties. Although an uncontested divorce needs only minimal court intervention, it can be difficult for former spouses to agree to the extent that an uncontested divorce requires agreement. Keep reading to learn how to file for an uncontested divorce. Remember that such a complex process should be handled with expert assistance and guidance from an experienced Union County divorce attorney.
Uncontested Divorce Defined
In an uncontested divorce, both exes agree on the major topics that need to be resolved before the legal end of the relationship. Both exes should be ready to sign a marital settlement agreement.
If there is an issue in dispute, then it will be considered a contested divorce. The exes will need to keep negotiating until they finally agree. In some cases, getting to an agreement may not happen, and the former couple will need to involve a judge who decides when they cannot.
How to File
An uncontested divorce in New Jersey has three requirements:
Both parties agree on the main issues in the divorce.
This means that both agree on big and small areas of contention. Some common areas of contention include child custody, child support, how to divide property, and whether one ex-spouse receives alimony. Often mediation is necessary for parties to settle this multitude of issues.
Both parties agree on why they are seeking a divorce.
Usually in an uncontested divorce, the former spouses will agree that “irreconcilable differences” led to the marriage being broken, and that these irreconcilable differences mean that neither has a reasonable expectation of the relationship mending.
This would also be called a no-fault divorce. New Jersey recognizes both fault and no-fault divorces. As the name implies, in a fault divorce, one ex-spouse will argue that the other committed a matrimonial offense such as adultery. No-fault divorce does not involve either party claiming the other acted badly, only that both agree the relationship has been ended due to personal differences. In New Jersey, no-fault divorces are the most common.
Either spouse meets the New Jersey residency requirement.
To be eligible for an uncontested divorce in New Jersey, one or both exes must have lived in the Garden State for at least a full year before the divorce papers are filed.
For further questions about how to file an uncontested divorce in New Jersey, simply contact our firm today.
