Ending a marriage is never easy and no matter how tactfully you try to deliver the message, making the statement, “This marriage is over” is going to stink. Add that to the overwhelming feeling of understanding New Jersey divorce legalities and your head begins to spin. The good news is that New Jersey has eased the divorce process for families pursuing a no-fault or uncontested divorce.
Do I Qualify For an Uncontested Divorce?
For uncontested divorces in New Jersey, there are generally two types: mutual uncontested divorce and negotiated uncontested divorce. Generally, in mutual uncontested divorces, there are no children, few joint financial assets and the marriage is (more often than not) a shorter term. Oftentimes, the parties involved in a mutual uncontested divorce are seeking mere resolution of the divorce, are more concerned with the procedural matters and are looking to ‘just get it over with’. In negotiated uncontested divorces, there are usually some disagreements along the way or complications that need to be ‘negotiated’ in order to achieve an uncontested divorce. In this situation, both parties will work together alongside their attorneys to achieve a mutual agreement.
When Both Parties Agree
When both parties agree on a mutual uncontested divorce, the spouses will initially meet with their attorneys to discuss the details of what they have already agreed upon. This includes the agreements made regarding how the marital state will be divided, how financial needs of each spouse will be met going forward (such as alimony), and how children will be supported and cared for if children are involved. The role of your attorney will be to delineate the effects and legal ramifications from the divorce, as well as to properly prepare and file your uncontested divorce. Because mutual uncontested divorces are so straightforward, the cost of pursuing this legal avenue is much cheaper than the alternatives.
Similar in nature to the above, a negotiated uncontested divorce simply means the parties are still ‘working out the kinks’ in their agreement, but both parties are willing to work together to resolve their separation in an uncontested manner. Again, this will involve dividing the martial state, planning for financial needs of each party, as well as the well-being, support, and care of any children involved. Depending on the longevity of negotiations and degree of attorney involvement, the cost of a negotiated uncontested divorce will be higher than a mutual uncontested divorce.
How To Begin the Process
To begin the process of a New Jersey uncontested divorce, speak with a New Jersey divorce attorney who can advise you on your rights and provide informative details regarding New Jersey divorce law. Overall, an uncontested divorce is the fastest, easiest, and most cost-effective route to a divorce in New Jersey.
