Pros and Cons of a Contested Divorce in New Jersey
People often want to avoid a messy, drawn-out divorce. Litigation can be stressful and expensive but is sometimes necessary when parties cannot agree. Taking a divorce case to court can also help an individual eventually reach a fair settlement when the other party is being uncooperative.
A skilled family law attorney can help you better understand the pros and cons of a contested divorce in New Jersey. Our team at Moskowitz Law Group will walk you through your divorce options and help you determine what is best for you and your family. Call to get started.
Advantages of a Contested Divorce
When parties are unable to see eye to eye on the issues of their separation, a contested divorce is usually the best option. For example, in some situations, one party refuses to reach a reasonable settlement. An advantage of a contested divorce in this situation is that the other party could have a judge hear their side of the story in a trial.
A divorce case is essentially over when the parties settle their differences or when a judge makes a determination. In some situations, the easiest way to get to this point is to go to trial.
Downsides to Litigation
Alternatively, many couples want to avoid a litigated divorce because a judge does not necessarily know the particulars of their life or what is best for their family. While a judge can make a determination to the best of their ability, they do not always have all the information needed to make a comprehensive recommendation on things like child custody and visitation. When possible, it is often beneficial for parties to come to these agreements on their own. New Jersey courts express that the law favors parties to voluntarily settle their divorces.
Another con of a litigated divorce in New Jersey is that it can be extremely expensive. Not only is a contested divorce financially costly, but it can also take a huge emotional toll. Parties have to take off work, and some cases might involve experts, which only adds to the overall cost. A trial or a full contested divorce is something that should generally be avoided if at all possible.
Issues That Are Often Contested
There are certain issues where separating couples often find themselves unable to budge. Custody and parenting time agreements are two matters where parents may feel very strongly about what is best, requiring court intervention.
Relocation cases are also cases that are often contested. If one person wants to move out of the state and the other one is contesting it, these cases usually have to go to trial unless one parent gives up on their position and decides not to move. Experts may need to get involved in these cases as well to make a recommendation as to what is best for the children.
How Do Judges Treat Contested Divorce Cases?
A potential downside of a litigated divorce is that judges often do not favor these trials. Judges do everything within their power to assist parties in settling their case so that it does not become contested to the point where they have to have a trial. The courts and judges always advise parties to try and resolve their differences, work together with their counsel, and exchange information that is necessary to settle the divorce. Judges often do whatever they can to avoid having to conduct a trial because it is a long, tedious process that can interfere with a family’s finances and ability to get closure.
Another con of a litigated divorce is that New Jersey judges have time restrictions. If a case has to go to trial, then it may not be over consecutive days. This can create more work for a judge, which is another reason that they tend to push settlements.
An Experienced Divorce Attorney Can Explain the Pros and Cons of a Contested Divorce in New Jersey
While an uncontested divorce is often cheaper and less of a hassle than going to trial, every situation is different, and a contested divorce might be the best option for you and your family. A divorce attorney at Moskowitz Law Group can help you go through the pros and cons of a contested divorce in New Jersey and guide you through the trial if you decide litigation is right for you. Schedule a free consultation today to learn more.