Are you going through an uncontested divorce in Red Bank, NJ? If so, you might be intimidated by the prospect of going to court. You don’t want a protracted legal battle that will eat away at the resources you and your spouse have spent years accumulating.
An experienced family law attorney from The Law Office of Jennifer J. McCaskill, LLC can guide you through the legal process. We can explain the legal procedures in the court where you are getting divorced and be there to answer questions you have. Our Red Bank divorce attorneys have over 20 years of experience in family law.
Contact us today at (732) 747-1882 to schedule a free case evaluation.
How The Law Office of Jennifer J. McCaskill Can Help Me With My Uncontested Divorce in Red Bank
If you get an uncontested divorce in Red Bank, New Jersey, you might be wondering whether you need a lawyer. However, it’s essential to keep in mind that divorce can impact nearly every aspect of your life. Your property, future income, child custody, and other critical matters may be in question.
An experienced Red Bank divorce lawyer from The Law Office of Jennifer J. McCaskill, LLC can help with your case by:
- Explaining New Jersey laws and how they impact your particular situation
- Answering all your questions
- Guiding you through the legal process
- Preparing your legal complaint or answer
- Ensuring your spouse is properly served
- Advising you of the financial, legal, and tax consequences of various options
Members of our legal team have been recognized by Super Lawyers and Avvo. Contact us today to get started with a free case evaluation.
What Is an Uncontested Divorce?
New Jersey has two primary ways to get divorced: a contested or uncontested divorce. In a contested divorce, the spouses disagree on one or more of the material issues involved in the case, such as:
- The grounds for divorce
- Child custody
- Parenting time or visitation
- Property division
- Child support
- Alimony
In contested cases, spouses who cannot agree on these matters ask the court to resolve them for them.
In an uncontested divorce, the spouses agree on these matters. They sign a settlement agreement outlining the terms of their divorce and ask the court to approve it. While New Jersey recognizes fault and no-fault grounds for divorce, most couples seeking an uncontested divorce typically reach an agreement that their marriage has been broken for six months due to irreconcilable differences with no prospect of reconciliation.
Do I Have to Go to Court?
New Jersey’s administrative office has issued a directive allowing certain uncontested divorce cases to be fully resolved “on the papers” without needing an in-person hearing. This option is only available in cases in which the spouse is seeking a divorce with no additional request for relief, such as name restoration or a signed property settlement agreement.
If you have to go to court, your lawyer can prepare you for what to expect and the types of questions you will be asked. This process is usually pretty straightforward and only takes a few minutes. Your divorce lawyer will be with you the whole time.
Do I Have to Go to Trial?
If your case is uncontested, you will not have to go to trial. To avoid trial, you will need to meet the following criteria:
- You and your spouse agree on the legal reason for the divorce.
- You can establish the residency requirement.
- You have documentation to show your spouse was properly served with the divorce complaint or waived this requirement.
- You have a signed settlement agreement regarding all material terms of your divorce.
Even if your case is initially contested, you can avoid going to trial if you can subsequently reach a divorce settlement through negotiations, collaborative law, or mediation.
Contact Our Red Bank Divorce Lawyers Today for a Free Confidential Case Review
If you would like legal representation for your uncontested divorce, The Law Office of Jennifer J. McCaskill, LLC can help. We can protect your rights and make sure you have all the information you need to make informed decisions about your future. Contact our Red Bank divorce lawyers today for a free confidential case review.
