Will I Have to Go to Court for an Uncontested Divorce?

Going through a divorce, even an uncontested one where you and your soon-to-be ex agree on the terms, still involves jumping through some legal hoops in New Jersey. The idea of an “uncontested” split sounds appealing since it avoids nasty courthouse battles and publicly aired grievances, but don’t think you can completely bypass the court system either.

In some cases, you may still be required to appear in court for a brief hearing to finalize the divorce. It’s nothing to worry about though, our attorneys will be alongside you the whole way.

Contested vs. Uncontested Divorces in New Jersey

If you’ve decided that divorce is right for you, the next big decision to make is how you’ll go about it. Will your divorce be contested or uncontested?

A contested divorce means you and your spouse don’t see eye-to-eye on one or more key issues like:

1. Grounds for divorce
2. Child custody
3. Parenting time
4. Child support
5. Alimony, or
6. How to divide assets and debts

With so many potential areas of disagreement, these cases tend to get messy and drawn out.

An uncontested divorce, on the other hand, is when both spouses are on board with ending the marriage through a no-fault process. No one is alleging misconduct – you’ve simply decided to go your separate ways through mutual agreement. That spirit of compromise allows for a much smoother, faster, and less expensive divorce process.

The Process for Uncontested Divorces in New Jersey

Filing the Initial Divorce Paperwork

To start the uncontested divorce process, one spouse files a divorce complaint and other key forms with the county courthouse. There’s a $300 filing fee for the plaintiff.

The other spouse, known as the defendant, then files an Appearance form stating they don’t contest the divorce but are prepared to resolve the remaining issues with their soon-to-be ex. That Appearance filing fee is $175.

One critical key here – if the forms aren’t filled out completely and accurately, the court clerks will reject the filing. Our divorce lawyers help clients ensure everything runs smoothly in those initial submissions to avoid unnecessary delays right out of the gate.

Preparing the Property Settlement Agreement

With an uncontested New Jersey divorce, spouses are required to draft and sign a comprehensive property settlement agreement (often referred to as an MSA or marital settlement agreement). This legally-binding contract covers all aspects of ending your marriage, including:

• Division of assets like the home, cars, investments, etc.
• Split of debts like mortgages, loans, credit cards
• Child custody schedule and residential arrangements
• Parenting time and visitation schedule
• Child support payment amounts and requirements
• Potential alimony/spousal support to be paid

Our attorneys have extensive experience drafting airtight MSAs to ensure all items are properly resolved, and agreement terms are crystal clear to avoid future conflicts. We advocate to protect your rights and interests in negotiations with your soon-to-be ex’s representation.

All in all, the uncontested divorce process timeline can take anywhere from a few weeks to a few months to conclude. We’ll be there every step of the way, keeping it on track.

When Would a Court Appearance Be Necessary?

While ideally, you want to avoid courtroom litigation in an uncontested divorce, there are some instances where a judge may require appearances to resolve specific issues, including:

• Disputes over aspects of the negotiated MSA, like child support amounts or custody schedules
• Concerns that the MSA terms may not adequately protect the kids’ best interests
• Disagreements over asset valuations, debt amounts, or other financial components

Our divorce team is well-versed in New Jersey case law and court procedures. If an appearance becomes necessary for any reason, we will prepare you on proper courtroom conduct, testimony delivery, document presentation, and more.

The Benefits of Legal Representation

Regardless of whether the divorce starts out uncontested, it is in your best interests to have skilled legal counsel throughout the process. Our divorce lawyers know how to negotiate your best outcome on issues like asset division, custody arrangements, support payments, and more.

Having an attorney also ensures New Jersey laws, prerequisites, and court rules are followed. Little missteps can derail an otherwise smooth case or lead to an unfavorable outcome down the road. And if conflicts do escalate into a contested divorce later on, you’ll already have a legal team in your corner representing your interests in court.

Streamline Your Uncontested Divorce in New Jersey

At the end of the day, uncontested divorces provide the least stressful, most efficient way to untie the knot here in New Jersey. You avoid extended court battles, contentious litigation, and spiraling legal fees by working together on a comprehensive settlement.

However, achieving that seamless, uncontested divorce still requires following formalities like proper paperwork filings and drafting a marital settlement agreement.

Our team at Netsquire has years of experience guiding couples through this process. We handle all the administrative work so you can remain focused on your fresh start.

If you are considering an uncontested divorce in New Jersey, contact us today for a consultation.