When couples decide to get a divorce, both parties often want to have an uncontested divorce. While most people know what they want, it’s easy to misunderstand what contested and uncontested divorce means without consulting a divorce attorney. The Law Office of Jordan B. Rickards in New Jersey explains the basics of a contested divorce in this blog post to shed some light on the process. Set up a consultation with our family divorce attorney today to get started!
Contested Divorce Means There Are Unresolved Issues
Most divorce cases are contested which means that there are issues related to the marriage that should be addressed like what to do with the marital home, child custody or other matters related to your child, and the person responsible for all your debts.
But just because you have a contested divorce doesn’t mean that it should be ugly. Sometimes, you have a contested divorce because you are not aware that you need to resolve those issues with your spouse.
Contested Divorce Starts With Filing a Complaint
Like all divorce processes, you need to file a complaint about divorce and your spouse needs to answer. Litigation starts after both parties file a complaint.
Next, you would receive a notice of case management that your attorney can take care of on your behalf, and a notice to attend the child and parenting time mediation without your attorney. You are not required to sign off an agreement during the mediation, but you can if you want to.
The next phase in divorce is the discovery process, where you answer a set of written interrogatories, produce very specific documents like financial statements, and file a case information statement to present your financial picture. For about 10% of cases, parties may depose the other side.
All Contested Divorce Cases Go Through Mediation
As the discovery process concludes, you may receive a notice to go to an Early Settlement Panel where two to three attorneys act as mediators and offer recommendations about your case. If you still can’t settle, the court will force you to go to an economic mediation. The intensive settlement conference with a judge follows if you still can’t resolve some issues.
Most Contested Divorces Eventually Become Uncontested
Most couples decide on a settlement during economic mediation. Both parties may not exactly be happy about the outcome of these negotiations, but 98% of the time spouses agree to sign the marital settlement agreement that resolves all divorce issues. When settlement fails, the divorce case proceeds to trial. However, divorce cases that go to trial are quite rare.
