New Jersey Contested Divorce Lawyer
The divorce process has the potential to throw a person’s life into chaos. Even divorces between people with few assets could devolve into fights over child custody, the rights to a family home, or control over a business.
When this happens, the divorce is contested in the eyes of the law. This means that both parties and their divorce attorneys must convince a New Jersey family court to recognize their rights over those of the other party or create a solution that is equitable, even if it is uneven. A New Jersey contested divorce lawyer could take the lead in protecting a person’s rights during a divorce by handling the legal processes while fighting for what is important to you in court.
Why Might a Divorce Become Contested?
Every divorce in the New Jersey family courts must make provisions for the futures of both parties. These final divorce decrees must evaluate the rights of each party as well as their liabilities. It is not uncommon for two people who have already seen their marriage suffer to fight over how their futures will look.
Because divorce is a matter of civil litigation, the parties must convince a court that their proposed end to the marriage is an equitable result. According to New Jersey Revised Statute §2A:34-23.1, which states that all marital property is subject to equitable distribution at the discretion of the court. Many contested divorces occur when the two parties cannot agree on their own as to what an equitable divide looks like. A New Jersey contested divorce attorney could help evaluate the assets and liabilities of a couple to fight for a proper division of property.
Of course, property rights are not the only potentially contentious point that may arise during a contested divorce. Many times, the parties agree as to a fair property distribution scheme but cannot agree as to what to do with their children. State laws grant each parent equal rights over shared children, and courts no longer favor mothers over fathers regarding the ability to provide a stable and healthy home.
Issues regarding children in divorce center around two major concepts. The first is child custody. New Jersey family courts must make child custody arrangements that are in the best interests of the child. Additionally, N.J. Rev. Stat. §9:2-4 says that both parents have a right and obligation to care for a child though the court may also order sole custody to one parent over a joint or shared custody arrangement. Parenting time is a common point of disagreement in contested divorces.
Another common child matter is the payment of proper support. A parent who does not have at least 50 percent of custody will always be the subject of a child support order. However, the actual payment amounts are open to interpretation. A New Jersey contested divorce attorney could help resolve childcare and custody issues that may arise during a contested divorce.
The outcome of a divorce case will have a profound impact on your life for years into the future. This includes not just your rights over marital property, but also your relationship with your children. When the two parties to a divorce cannot agree on their own concerning these essential matters, a family court may have to intervene.
A New Jersey contested divorce lawyer could stand by your side if your divorce needs to go to litigation. An attorney can work to learn what is important to you and to develop a plan to fight for those rights in court. The sooner you reach out to a New Jersey contested divorce lawyer, the sooner you could begin building your case and your future. Contact a lawyer today to discuss your case.