Are you considering a divorce in Monmouth County, New Jersey? If you and your spouse are on good terms, the idea of a divorce may seem contentious. However, you can seek an uncontested divorce if you and your spouse agree to the terms of your separation. This form of divorce is quicker, simpler, and typically more amicable than a contested divorce.
The Monmouth County uncontested divorce lawyers at The Law Office of Jennifer J. McCaskill, LLC have decades of experience helping couples navigate their divorce. We’ve helped countless couples achieve mutually agreeable divorce outcomes that make sense for both parties in cases of Monmouth County divorce mediation, child support, grandparents’ rights, post-judgment modifications in Monmouth County, and more.
How The Law Office of Jennifer J. McCaskill, LLC Can Help You With an Uncontested Divorce
An uncontested divorce might sound simple enough, but you still want to make sure you get it right — especially if you have children or property at stake. Hiring a Monmouth County divorce lawyer can give you peace of mind.
When you hire the Law Office of Jennifer J. McCaskill, LLC in Monmouth County, New Jersey, we will:
- Handle all the administrative and legal aspects of your case, including completing and filing all necessary paperwork.
- Help you reach a divorce agreement that satisfies your goals for your children and property
- Make sure you don’t leave assets (including hidden assets) out of the divorce settlement
- Handle all communications and negotiations with your spouse/their attorney.
- Represent you in court as we seek to resolve your divorce quickly and amicably
Our attorneys have been recognized by leading rating services such as Avvo and Super Lawyers. You can trust we’ll provide the client service you deserve during this emotional time. Contact us today to schedule a free case review with a Monmouth County divorce attorney.
Overview of Uncontested Divorce
Uncontested divorces happen when the parties have mutually agreed upon all major decisions in their divorce action. This means that they have resolved all issues involving custody, visitation, child support, health insurance, medical expenses for the children, spousal maintenance, and equitable distribution of the couples’ assets and debts.
Contested divorces are divorces where the parties are not in agreement on all of the issues. A divorce can be “contested” if there is a disagreement over only one item or multiple items. Uncontested divorces are usually processed more quickly than contested divorces.
To seek an uncontested divorce, you must meet a couple of requirements. First, you or your spouse must have resided in New Jersey for a year or more before you can file for divorce. Second, you must have a valid legal reason to pursue a divorce. Typically, you will select the no-fault ground, also known as “irreconcilable differences.”
What are the Issues that Must Be Resolved to Proceed with an Uncontested Divorce?
All major divorce issues need to be resolved in order for a New Jersey court to process an uncontested divorce. These issues include:
- Child custody
- Child visitation
- Child support
- Health insurance and medical expenses relating to the children
- Spousal maintenance
- Equitable distribution of assets and
- Equitable distribution of debts
Typically, you and your spouse will agree on all terms before filing for an uncontested divorce. Alternatively, you and your spouse may go through attorney-led mediation to resolve some issues.
Does an Uncontested Divorce Take Less Time than a Contested Divorce?
There is no firm timeline for an uncontested divorce in New Jersey. However, an uncontested divorce typically takes substantially less time than a contested divorce. Uncontested divorces are often not subject to waiting periods. Moreover, there are minimal court appearances needed.
Contested divorces can take many months (and sometimes over a year) to resolve, depending on the complexity of the case. These cases involve:
- Other court proceedings that can take extensive time (and money) to complete.
The timeline for your uncontested divorce will be largely determined by you and your spouse. If you can agree on all terms and properly follow the New Jersey divorce process, you can expect your divorce to resolve in a reasonable amount of time.
What are the Other Benefits of an Uncontested Divorce?
Besides obtaining your final Judgment of Divorce more quickly than in a contested matter, the parties are usually on better terms than in a contested matter. In addition, you will often spend less money on legal fees.
You will likely not have to appear in court or will spend significantly less time in court than if you had a contested divorce. This is because contested matters typically involve numerous time-consuming court appearances consisting of preliminary conferences, compliance conferences, discovery conferences, pretrial conferences, and sometimes, even trials.
The less time that you spend in court translates into significantly less stress for you, your spouse, and children. And best of all, a judge, who knows nothing about your family’s dynamics, will not be tasked with making important decisions about your family’s future. For most people, this is a huge advantage.
What Does a New Jersey Attorney Do in an Uncontested Divorce?
It is essential to have quality legal representation in a divorce matter — even if it is uncontested. An attorney can help you draft a complaint and organize the proper personal service of the complaint on your spouse. An experienced legal professional can help you mediate, negotiate, and discuss all legal issues with your spouse or your spouse’s counsel.
An attorney will be able to carefully review all of the proposed terms of an agreement to ensure that the terms are fair and prevent you from signing a potentially harmful deal. Lastly, an attorney can also draft your settlement agreement to ensure that all of the necessary and required language is incorporated into the document, in addition to all of the necessary uncontested divorce paperwork for filing purposes.
What Types of Cases are the Best Candidates for an Uncontested Divorce?
When the parties are amicable, uncontested divorces are more likely. Uncontested divorces are also more likely when the case involves simple assets and legal issues.
The following types of couples often seek uncontested divorce:
- Parties that have only been married for a short time
- Parties that can financially support themselves or have uncomplicated assets
- Parties that have no children of the marriage
In some instances, business assets and valuations will need to be conducted by experts. This may lead to a case becoming more complicated and less likely to be a candidate for an uncontested divorce. However, if you and your spouse have high-value assets and business interests, you can still get an uncontested divorce. It may just take longer to finalize a settlement agreement.
Is There Ever a Time When an Uncontested Divorce is Not Preferable?
Yes, in any case involving domestic violence allegations. In this instance, the parties frequently have unequal bargaining power and dynamics. For your safety and protection, an uncontested divorce may not be appropriate. In such cases, abusers frequently intimidate and manipulate their spouses to enter into a bad deal.
Contact a Monmouth County Uncontested Lawyer for a Consultation
The Law Office of Jennifer J. McCaskill is a preeminent law firm specializing in both uncontested and contested divorces matters. Conveniently located in Red Bank, New Jersey, the firm has garnered an excellent reputation throughout Monmouth County. We have decades of experience helping couples navigate complex family law problems.
Let us help you understand your options for an uncontested divorce. We are ready to advocate for you and take on all the legal and administrative work in your case. Contact us today to schedule a free consultation with a Monmouth County uncontested divorce lawyer.
Our divorce law firm in Monmouth County, NJ also provides:
- Mediation Attorney in Monmouth County, NJ
- Monmouth County Child Relocation Lawyers
- Judgment Modifications Lawyer in Monmouth County, NJ
- Prenuptial Agreements Lawyers in Monmouth County, NJ
- Domestic Violence Attorneys in Monmouth County, NJ
- Monmouth County Modifications of Order Lawyer
- Division of Assets Attorney in Monmouth County, NJ
- High Asset Divorce Lawyer in Monmouth County, NJ
- Paternity Lawyer in Monmouth County, NJ