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There is more than one type of divorce

On Behalf of | May 14, 2021 | Uncategorized

In a perfect world, every New Jersey marriage would last a lifetime. In a nearly perfect world, those who file for divorce would be able to achieve fair settlements in a timely manner and amicable fashion. In reality, that is often not how things always work out.

Understanding various kinds of divorce

A person might think that, because the ultimate end of the legal process is similar across the board (meaning, people who file for divorce wind up not married anymore), there must be only one type of divorce. In fact, there are numerous kinds, including contested, uncontested, at-fault and no-fault proceedings. Also, divorce laws vary in every state, which means that the way one type of divorce unfolds for a particular pair of spouses in New Jersey may not be how the same type of divorce is handled in another state. This is why it is important for a spouse to seek clarification ahead of time regarding the specific laws and guidelines that are in place in the state where he or she plans to file a divorce petition.

New Jersey laws regarding no-fault divorce

A no-fault divorce occurs when the spouse filing the petition simply lists something like “irreconcilable differences” as his or her reason for requesting a divorce. In New Jersey, this type of divorce is allowed. However, the spouses in question must show proof that they have been legally separated for a certain amount of time to prove that there is no likelihood of reconciling. If the spouse being served papers does not contest the divorce, it means both spouses agree to peacefully negotiating a fair settlement. A contested divorce, on the other hand, means that spouses disagree regarding one or more issues, such as property division, child custody or even, whether one spouse is at fault for the divorce.

Encountering challenges during divorce proceedings

A New Jersey family court judge can make decisions on behalf of a pair of spouses who have been unable to achieve a fair agreement on their own. In such cases, it is helpful to rely on an experienced litigation attorney to protect one’s parental rights and financial interests, as applicable in a specific case. It is especially helpful to have an attorney on hand if the status of a divorce changes midway through proceedings, such as an uncontested divorce becoming contested.