What is a Contested Divorce?

There are few things worse than going through the divorce process. No one wants to imagine the day when their marriage can no longer last, but unfortunately, this is something that happens to countless people throughout the state of New Jersey almost daily. Please continue reading to learn more about the difference between a contested divorce and an uncontested divorce and how our Middlesex County, New Jersey divorce lawyer can help guide you through the process. Here are some of the questions you may have:

What makes a divorce contested?

A divorce is considered a contested divorce when both spouses cannot agree on all terms surrounding their divorce. Unfortunately, contested divorces often have to go through litigation, wherein both spouses will go to court, their attorneys will make arguments on their behalf, and, ultimately, a judge or jury will decide on the outcome of their divorce. Rather obviously, this is often a contentious and drawn-out process, which is why you should never go to court without a seasoned attorney in your corner who can fight for the best outcome possible on your behalf.

What issues need to be sorted out in a contested divorce?

There is a lot at stake in any divorce. Couples will need to reach agreements concerning child custody, child support, property distribution, spousal support, and more. If you can’t agree on these terms, a judge will decide them for you. In New Jersey, courts observe what’s known as equitable distribution, which means that when they distribute property, they likely won’t do so in a 50/50 manner; instead, they will divide them in a manner they consider to be fair and just. Often, this means one spouse will receive less than the other spouse. Our legal team can help you fight for what’s rightfully yours.

Do I need to hire an attorney even if I’m in an uncontested divorce?

Even if you and your spouse agree on the terms of your divorce at first, you should always have a competent Middlesex County, New Jersey family law attorney in your corner. To start, divorce is a document-heavy process, and you’ll need an attorney who can keep you organized, file all paperwork on time, etc. Additionally, often, divorces that start out uncontested can quickly turn contested once spouses get into the process of dividing property, deciding on child custody, and more, so it’s best to simply have an attorney you can trust in your corner from the start. Our firm is here to help advocate for your best interests, every step of the way.


Whether you’re facing a legal matter concerning immigration, family law, criminal law, or otherwise, our firm is here to help. Contact the Law Offices of Aditya Surti, LLC today.

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