Teaneck Contested Divorce Lawyer
Sadly, conflict is often a key part of divorce cases where two parties cannot agree on how their respective futures should look. Divorces are often messy, emotional affairs, fundamentally altering nearly every aspect of your life.
New Jersey allows for no-fault divorces, and many spouses are able to come to an amicable agreement over issues like asset division, child custody, and alimony payments. However, when there is conflict over these issues, the spouses are involved in a contested divorce, and a judge may need to make a final ruling on the matter.
If you have been unable to come to settlement terms with your spouse, a Teaneck contested divorce lawyer could help you protect your interests and fight for a fair resolution. A local marriage dissolution attorney could work to help measure assets, discover essential evidence, and formulate arguments that help to promote your interests in court.
What does it Mean for a Divorce to be Contested?
At their core, all divorces are adversarial proceedings. The two parties must protect their rights while shielding their claims from the other. This means that it may fall to a judge to make the ultimate decision in the case and on what is just and fair.
Most divorces start when one spouse files a complaint in a family court asking for a divorce. They then serve this complaint on the other spouse who has a chance to respond. However, contested divorces cannot be resolved in a single court appearance. Both parties will have the opportunity to discover evidence that is relevant to the case, ask the court to implement temporary orders, and participate in mediation sessions to try and bring the case to a settled closing.
Of course, any contested divorce in Teaneck may still end with a settlement. At any point, the parties are free to participate in negotiations that may result in the creation of a marriage agreement to end the divorce. In many cases, the judge may require the couple to attend an early settlement panel to try to make a settlement. Whether it is negotiating outside of court or arguing in front of a judge, a Teaneck contested divorce attorney could help to guide parties through the divorce process and to protect their rights along the way.
Reasons Why a Divorce may be Contested
A divorce must result in a concrete plan for every portion of people’s futures. The outcome of the case will result in a divorce order that carries the full weight of the law, affecting people’s lives for years to come.
Perhaps the most visible aspect of this concept concerns the question of property distribution. New Jersey Revised Statute §2A:34-23.1 says that all assets and debts that a couple acquires during marriage are equally the property of both parties. Additionally, a court must act to make an equitable distribution of those assets and debts. Common items that qualify as marital assets to be divided include:
- Bank accounts
- Credit card debt
- Ownership of the family home
- Control over a business
- Retirement investments
Of course, the other major sticking point in many divorces concerns children. State law gives each parent equal rights and responsibilities in the raising and custody of kids. Parents often cannot agree on a shared custody plan or what amount of child support a non-custodial parent must pay. Many times, a court must issue a final order concerning the best interests of a child. A Teaneck contested divorce attorney could help to identify the issues that are important to a spouse and fight for those issues in court.
Contact a Teaneck Contested Divorce Lawyer Today
If you are going through a divorce, or are contemplating filing a complaint in court, you have rights under the law. This includes the right to your share of marital property, to distribute debt with your spouse, and to retain some custody over your children. Unfortunately, these rights are often in conflict with those of your spouse, potentially leading to a drawn-out conflict.
A Teaneck contested divorce lawyer is here to help you. They understand what it means to undertake this massive change in life. They could handle the procedural details involved in taking a case to court while you focus on making the necessary life adjustments. Reach out to a Teaneck contested divorce lawyer today to learn more.