There are some married couples that when they decide to divorce, they are amicable, and generally agree on the crucial issues that must be resolved, including property division and child custody and visitation.
In some cases, there are few assets to divide, as the marriage was short term, or there may have been no children of the marriage, so there is no need for custody and visitation arrangements. When this is the case, the process of getting divorced is faster. Most people seeking an uncontested divorce have the process managed by an East Brunswick uncontested divorce lawyer.
Reaching an Agreement & Avoiding Litigation
If the two parties in the divorce have engaged in mediation or a collaborative divorce, or the two attorneys have negotiated a reasonable resolution that both agree to, there is no need for a trial. As New Jersey law allows for a no-fault divorce, it is not necessary to have grounds beyond the fact that your marriage is irretrievably broken, with no reasonable prospect of reconciliation. There are other grounds that are still valid, including those related to one party suffering from a mental illness, narcotic or alcohol addiction, extreme cruelty, desertion, adultery, incarceration and some others.
Uncontested Divorce Process
An uncontested divorce can be broken up into three main phases:
- Working together to create terms of the divorce agreement
- Both parties accepting these terms
- Filing agreement with court for approval
Once you have agreed to the terms of the divorce agreement, it is a matter of filing this agreement with the court for approval. The agreement will be reviewed by the court for approval. The submission must include a parenting plan that makes sense, and reflects the best interests of the children.
The division of the marital estate must also be clearly stated so that there is no question about "who gets what." The Property Settlement Agreement (PSA) will then be incorporated into the final judgment. The process of a contested divorce can be fast and simple, when the two parties agree, or could take some time as each party negotiates the terms
The "defendant" in the divorce has 35 days to file a counterclaim. In New Jersey, a process called "Early Settlement Panels" is available to issue legal positions regarding child support, custody and property division. You are not legally obligated to participate, but if your spouse has used this service, based upon the financial condition of each party, you may be asked to pay the cost of this service.
At Law Offices of Ryan E. Gilbert, LLC, our goal is to guide you through the complex legal process. Your best interests are our top priority. We will provide nothing less than our honest, professional opinions, giving you the information and resources needed to make the best possible decisions.
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