Freehold Contested Divorce Lawyer

Guidance Through Contested Divorces in New Jersey

When the two parties in a divorce cannot come to an agreeable compromise, or one party is insisting upon a settlement that is unreasonable, or trying to gain full custody of children unfairly, there is no option other than taking the divorce to trial. A divorce trial is a difficult and stressful situation, particularly when there are complex financial issues to resolve.

Issues that are most often in contention are related to property division and child custody. The two parties may be miles apart in what is believed to be fair. When presenting a case to the court in contested divorce, the skill with which your East Brunswick and Freehold divorce lawyer presents your side of the matter is probably the most significant issue in the final outcome.

Call my firm at (866) 760-6430 to discuss your situation with a proven Freehold contested divorce attorney. 

What is a Contested Divorce?

A contested divorce occurs when both spouses cannot agree on one or more significant issues in their divorce. These issues may include, but are not limited to:

• Property Division: Disagreements over how assets and debts should be divided.
• Alimony (Spousal Support): Disputes over the amount and duration of spousal support.
• Child Custody and Parenting Time: Conflicts over which parent will have legal custody or how parenting time will be shared.
• Child Support: Disagreements regarding the financial support that should be provided for children.

In a contested divorce, the parties are unable to reach an out-of-court settlement through negotiation or mediation, so the case proceeds to trial where a judge will make the final decisions. Given the complexity and emotional toll of contested divorce, having a seasoned Freehold contested divorce attorney by your side is essential for navigating this difficult process.

What is the Process Of Contested Divorce?

A contested divorce in Freehold involves several distinct stages, each of which presents opportunities for negotiation and potential resolution. These stages include:

Filing the Divorce Petition

The divorce process begins when one spouse (the petitioner) files a divorce petition with the court. This petition outlines the grounds for divorce and the specific issues that need to be addressed. Once the petition is filed, the other spouse (the respondent) is notified and has the opportunity to respond. If both parties agree on all issues, they may proceed with an uncontested divorce. However, if they cannot reach an agreement, the case will continue as a contested divorce.

Discovery Process

In a contested divorce, the discovery process plays a significant role. Discovery is a formal process in which both spouses exchange information and documents related to their financial situation, assets, debts, and any other relevant information. This may include:

• Financial statements
• Tax returns
• Bank account records
• Business valuations
• Property appraisals

Discovery is designed to ensure that both parties have access to the information necessary to make informed decisions. If there is a dispute over hidden assets or inaccurate financial disclosures, a Freehold and East Brunswick contested divorce lawyer can assist in uncovering this information through subpoenas, depositions, or other legal means.

Negotiation and Mediation

While a contested divorce often leads to litigation, it is important to explore opportunities for settlement during this phase. Many divorcing couples attempt to settle their differences through negotiation or mediation before resorting to a trial. 

Mediation involves working with a neutral third party (the mediator) who helps facilitate discussions between the spouses and assists them in reaching an agreement.

Although mediation can be a productive process, it is not always successful in contested divorces, especially when the parties have deeply opposing views. If mediation does not result in a resolution, the case will move forward to court, where a judge will make final decisions.

Trial

If a settlement cannot be reached, the divorce proceeds to trial. Both parties will present their arguments, evidence, and witnesses to the judge. The judge will then issue a ruling on all contested issues, including property division, alimony, child custody, and child support.

While the trial is a critical part of the process, it can be emotionally draining and expensive. Additionally, the outcome is entirely in the hands of the judge, which means that one or both parties may not be satisfied with the final decisions. Working with a skilled Freehold contested divorce attorney can help you present a compelling case and improve your chances of achieving a favorable outcome.

Divorce Attorney for Contested Cases in East Brunswick, NJ

Whether your case involves a prenuptial that is being challenged, issues regarding property values, or both parties are hoping to keep the same property (such as the family home), or any other matter that could impact your future financial health, you need to ensure that your legal representation is of the highest quality. It may be necessary to call upon professionals in various fields, including a forensic accountant, child experts, or others to support your case.

As financial matters can be very complex, and involve the co-mingling of funds during the term of the marriage, getting accurate data that is supported with documentation and clear evidence is extremely important. We have the resources and experience to manage even the most difficult cases, and to pursue your objectives in your divorce at trial.

Why Contact the Law Offices of Ryan E. Gilbert, LLC?

At the Law Offices of Ryan E. Gilbert, LLC, I serve as counsel in litigated divorce, and my background as a civil litigation lawyer has proven to be of great value for my clients. I have acted as counsel for several Fortune 500 companies, and my background as a trial lawyer allows me to have a great deal of insight into case development and presentation—a pivotal point in a divorce trial.

How Our Freehold Contested Divorce Lawyers Can HElp?

Going through a contested divorce can be a stressful and emotionally draining experience. Our experienced team at the Law Offices of Ryan E. Gilbert, LLC is here to provide you with the guidance and support you need to protect your rights and achieve the best possible outcome for your case.

When you choose us as your divorce attorney for contested cases in East Brunswick, NJ, you can expect:

• Personalized legal representation tailored to your unique situation
• Thorough understanding of New Jersey divorce laws and procedures
• Strong advocacy to protect your assets, child custody rights, and financial interests
• Clear communication and regular updates on the progress of your case
• Compassionate guidance to help you navigate the complexities of a contested divorce

Don't face a contested divorce alone. today to schedule a consultation and take the first step towards protecting your future.

Call my firm at (866) 760-6430 to discuss your situation with a proven Freehold contested divorce attorney.

Commonly Asked Questions

How long does a contested divorce take in New Jersey?

The length of a contested divorce in New Jersey depends on several factors, including the complexity of the issues involved, whether the case goes to trial, and the court's schedule. Generally, contested divorces can take anywhere from several months to over a year to resolve.

What are the grounds for divorce in New Jersey?

New Jersey allows both no-fault and fault-based divorces. The no-fault grounds include irreconcilable differences or separation for at least 18 months. Fault-based grounds include adultery, cruelty, abandonment, or addiction.

How is property divided in a contested divorce in New Jersey?

New Jersey follows the principle of equitable distribution, meaning that property acquired during the marriage is divided fairly, but not necessarily equally. The court considers factors such as the length of the marriage, the contributions of each spouse, and the economic circumstances of both parties when dividing assets.

How is child custody determined in a contested divorce?

In contested divorces involving children, New Jersey courts base custody decisions on the best interests of the child. Factors such as the child’s relationship with each parent, the ability of each parent to care for the child, and the child’s preference (if old enough) will be considered.

Is there a waiting period for a contested divorce in New Jersey?

In New Jersey, there is a mandatory 60-day waiting period from the time the divorce petition is filed before a final judgment can be entered. However, contested divorces often take longer due to the complexity of the issues involved.

Can I modify a divorce judgment after the case is finalized?

Yes, under certain circumstances, a divorce judgment can be modified. For example, if there is a significant change in financial circumstances, custody arrangements, or other factors, either party may petition the court for a modification.