A contested divorce can be incredibly stressful and frustrating. If you’re dealing with a contested divorce in Monmouth County, NJ, our attorneys at The Law Office of Jennifer J. McCaskill, LLC can help. Call (732) 747-1882 today for a free consultation with an experienced Monmouth County contested divorce lawyer who can help you reach the best possible results.

With more than 20 years of experience handling family law matters, our firm has helped thousands of families navigate sensitive and complex issues. We understand the challenges involved and are prepared to help you move forward with clarity and confidence. Contact our office today to learn more about your options.

Why Choose The Law Office of Jennifer J. McCaskill, LLC To Help With Your Contested Divorce in Monmouth County

Divorce is rarely simple—especially when disputes involve issues that can affect every part of your life. In Monmouth County, New Jersey, The Law Office of Jennifer J. McCaskill, LLC provides dedicated support to individuals navigating contested divorces and works to protect what matters most.

Clients trust our Monmouth County divorce lawyers because:

• We have been recognized multiple times by Super Lawyers, reflecting our consistent commitment to strong advocacy and client service.
• We have earned a perfect 10 rating from Avvo, highlighting our reputation for professionalism and client satisfaction.
• Our team understands the divorce process from start to finish and uses that knowledge to guide clients through even the most challenging disputes.
• We approach every case with empathy and insight, recognizing the emotional and financial impact these matters can have.
• Our attorneys are prepared to address complex and contested issues with careful strategy and attention to detail.

If you need help, call today to schedule your free consultation with a Monmouth County family law attorney.

What Is a Contested Divorce in Monmouth County?

Even when two spouses agree to a divorce, disagreements often arise along the way. A divorce is considered “contested” when spouses cannot agree on one or more divorce-related issues or when one spouse disputes allegations made in a fault-based divorce. A divorce may also be contested if one spouse does not agree to end the marriage at all.

By comparison, an uncontested divorce occurs when both parties are able to resolve all issues on their own and submit an agreement to the court for approval.

Common Issues in a Contested Divorce

Aside from disputes over the grounds for divorce, several key issues are commonly contested, including:

• Child custody and visitation rights
• Child support
• Spousal support and alimony payments
• Division of marital assets and liabilities

A contested divorce can quickly become emotionally charged, and these cases are often more time-consuming and expensive than uncontested matters. While many disputes can be resolved through negotiation or mediation, some cases ultimately require a judge to make final decisions.

Understanding the Contested Divorce Process in New Jersey

A contested divorce begins when one spouse files a complaint in the county where the couple lives. The other spouse, known as the defendant, must respond within 35 days after being served.

After a response is filed, the case typically moves through several stages:

• A discovery period, where both spouses exchange relevant financial and personal information
• An Early Settlement Panel, which is a non-binding process aimed at resolving disputes
• Mediation or other alternative dispute resolution methods, if needed
• An intensive settlement conference, which is a full-day effort to reach an agreement in court

If these efforts are unsuccessful, the case may proceed to trial, where a judge will make the final decisions.

This process can take time, and courts may issue temporary orders regarding support and parenting matters while the case is pending. An attorney can help protect your interests and guide you through each stage.

What Information Is Included in a Monmouth County Divorce Petition?

Divorce petitions contain basic information about the parties and the plaintiff’s requests, including:

• Each party’s name, address, phone number, and contact information, unless a need for confidentiality exists
• The date you were married
• The date you separated from your spouse
• Information about your children
• Information about prior legal action you’ve been involved in
• The grounds for the divorce, or a statement requesting a no-fault divorce
• Information about any minor children
• A request for equitable distribution of assets, child support, alimony, or child custody

The plaintiff is required to file a copy of the divorce petition with the Monmouth County Superior Court.

What Happens if My Spouse Does Not Respond to a Divorce Petition in Monmouth County?

If your spouse does not respond to the petition within the 35-day timeframe, you can petition the court for a default judgment. You’ll have 60 days to petition the court. The 60-day timeframe begins when the initial 35-day response period ends.

To obtain the default judgment, you’ll need evidence that you followed the proper procedures when serving your spouse with the divorce papers.

What Happens During the Discovery Process in a Monmouth County Contested Divorce Case? 

Discovery is designed to facilitate the exchange of information between spouses. This phase plays a key role in identifying assets, evaluating claims, and preparing for negotiations or trial.

Attorneys may use several tools during discovery, including:

• Written questions that must be answered under oath
• Requests for financial and personal documents
• Depositions, or sworn testimony
• Subpoenas for records held by third parties
• Expert evaluations, when necessary

The information gathered during discovery can be used to support claims related to alimony, child support, custody, and property division. Each party is required to provide relevant and accurate information throughout this process.

What Happens During Divorce Settlement Negotiations in New Jersey?

The goal of settlement negotiations is to resolve disputes without court intervention. Reaching an agreement outside of trial can often save time, reduce costs, and provide more control over the outcome.

During this process, attorneys work with clients to identify priorities, evaluate options, and negotiate terms based on the evidence gathered.

What Happens if My Spouse Refuses a Fair Divorce Settlement in Monmouth County?

Every case is different. Not all issues can be resolved during settlement negotiations. If that happens, your case will proceed to trial. The case remains in the discovery phase until the trial begins. Divorce trials are similar to any other type of trial. Each spouse’s attorney will make arguments and present evidence. 

The judge will consider each spouse’s requests and evaluate the evidence in resolving disputes over:

• Child support
• Physical child custody and parenting time
• Spousal support
• Division of marital assets and debts
• Obligations to provide insurance coverage
• Legal custody, or either spouse’s right to make decisions about the child
• Visitation for grandparents

Once the judge issues a final order, each spouse has the right to appeal.

How Long Does It Take To Get a Contested Divorce in New Jersey?

There is no standard timeline for a contested divorce. The length of the process depends on factors such as the complexity of the case, the level of conflict, and the willingness of both parties to reach an agreement.

In general, contested divorces take longer than uncontested cases due to the additional steps involved. Working with an experienced attorney can help streamline the process and avoid unnecessary delays.

What Is the Difference Between an Uncontested Divorce and a No-Fault Divorce in New Jersey?

Spouses in New Jersey can obtain a no-fault divorce. To obtain a no-fault divorce, the couple simply cites “irreconcilable differences” as the reason for the divorce.

No-fault divorces can be contested or uncontested. As you can imagine, an uncontested divorce is one where the couple negotiates a settlement on their own and simply presents it to the court to be finalized. 

Many no-fault divorces are contested. In other words, a couple can obtain a no-fault divorce and still disagree on key issues related to the divorce. 

Contact an Experienced Monmouth County Contested Divorce Lawyer for a Free Case Review Today

Are you dealing with a contested divorce in Monmouth County, New Jersey? Contact The Law Office of Jennifer J. McCaskill, LLC for a confidential consultation today. An experienced Monmouth County contested divorce attorney from our team can help you negotiate for a favorable result. 

The Law Office of Jennifer J. McCaskill, LLC
157 Broad St Ste. 111 Red Bank, NJ 07701
(732) 747-1882