Divorce is a significant life change that often involves both legal, emotional, and financial challenges. Understanding the divorce process can help you make informed decisions about how to proceed and what to expect along the way. At Snyder Kenney & Mercado, LLC, our experienced Morris County divorce lawyers are dedicated to helping you navigate the divorce process strategically and effectively, making sure that you are heard and supported every step of the way.
Before pursuing a divorce, you must establish legal grounds. New Jersey recognizes both no-fault and fault-based grounds.
The most commonly used ground is irreconcilable differences (no-fault), which simply requires that the marriage has broken down for at least six months with no reasonable prospect of reconciliation. No proof of wrongdoing is required.
New Jersey also recognizes the following fault-based grounds:
While fault-based grounds are available, most New Jersey divorces today are filed on no-fault grounds. Whether to assert fault can have strategic implications, and one of our experienced attorneys can help you evaluate what approach is right for your circumstances.
An “uncontested” divorce occurs when both spouses agree on all issues ancillary to the dissolution of their marriage, including child custody and parenting time, child support, spousal support, and the equitable distribution of assets and liabilities. In most cases, the parties have negotiated and reached a comprehensive settlement agreement on all issues. When both parties are in agreement, the Court’s role is largely to review and approve the settlement at an uncontested hearing, confirming that both parties entered into the agreement freely and voluntarily, rather than to decide disputes or determine the fairness of the settlement terms. A Judge will then enter a Judgment of Divorce, incorporating the Settlement Agreement into the final divorce decree. These divorces are typically faster, less expensive, and less adversarial.
A divorce is considered “contested” when the spouses cannot agree on one or more of the issues. The disagreement may involve the division of property or debts, alimony, child custody, parenting time, child support, or all of the above. In some cases, one spouse may even contest the divorce itself.
It is important to understand that a divorce does not need to be disputed on every issue to be “contested.” Even a single unresolved matter can make a divorce contested and require redress through direct negotiation with or without counsel, mediation or arbitration, or litigation through the courts.
Whether your case is contested or uncontested, having an experienced Morris County divorce lawyer ensures your rights and interests are fully protected throughout the process.
Once a Complaint for Divorce is filed, the contested divorce process follows a more structured schedule, and the case will move through several stages:
Except in limited cases, the court will only finalize your divorce if all open issues are resolved or adjudicated by the Court. Key issues in contested divorce cases include:
“Mediation” is a process that allows couples to resolve divorce-related issues outside the courtroom with the help of a neutral third party. The mediator does not take sides or make decisions but instead guides discussions, helping both spouses communicate more effectively and work toward a fair agreement.
Mediation can reduce conflict, save time and money, and give couples more control over the outcome of the divorce.
Each divorce is unique, and the length of the case depends on several factors, including the complexity of the case, how cooperative the parties are, and the court’s schedule. Some couples begin with a contested filing and ultimately settle their differences through negotiation or mediation, never reaching trial. Others start with the intention to settle but find that disagreements emerge once the formal process begins. Nevertheless, an ‘uncontested’ divorce can take several weeks to several months once the Court is advised that the issues are settled and an agreement is finalized, whereas a ‘contested’ divorce can take more than one year.
Navigating divorce requires making decisions that will affect your finances, your family, and your future. At Snyder Kenney & Mercado, LLC, our Morris County divorce lawyers provide guidance and advocacy every step of the process, including:
Divorce can be a complex and emotional experience that you should not have to face on your own. With the compassionate Morris County divorce lawyers at Snyder Kenney & Mercado, LLC on your side, you do not have to face challenges alone. We provide exceptional guidance and support when you need it most. For a consultation, call 908-574-3081 or complete our online form. Located in Parsippany, New Jersey, we proudly serve clients in the surrounding areas.
Navigating divorce requires making decisions that will affect your finances, your family, and your future. At Snyder Kenney & Mercado, LLC, our Morris County divorce lawyers provide guidance and advocacy every step of the process, including:
With experienced legal guidance, you can navigate alimony disputes confidently and protect your financial interests.
