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In most states, there are two types of divorce: uncontested and contested. The type of divorce filed can dictate the residency requirements, separation prerequisites, court costs, and amount of time spouses must wait between filing for divorce and receiving their divorce decree.

It's important for New Jersey couples considering marital dissolution to understand the following differences between contested and uncontested divorce in order to choose the path that makes the most sense for them:

  • Contested divorce - In a contested divorce, the spouses do not agree on at least one key issue, which prevents them from conclusively terminating the marriage. When this happens, the couple must ask the court to arbitrate the dispute. Contested divorces are very common, since divorces often involve issues that are difficult to resolve. The most common issues that require resolution during a contested divorce include child support, child custody, debt allocation, property division and alimony.
  • Uncontested divorce - Uncontested divorces are sometimes called simple divorces. This type of divorce is possible when spouses are able to agree on all important issues related to the divorce, allowing them to conclusively terminate the marriage. While an uncontested divorce does not always mean that the process was amicable, it does mean that the couple was able to settle all issues and disputes outside of court. Most couples prefer to file uncontested divorce if possible, since the process is faster, simpler and less expensive.

Regardless of the type of divorce you seek, you need support from legal professional who can protect your interests throughout the process. Consult an experienced divorce attorney in New Jersey to discuss the details of your case.

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Smith & Gaynor, LLC
60 Washington Street, Suite 302
Morristown, NJ 07960

Phone: 973-532-2661
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