If you have recently decided to divorce, you may find that you are unable to agree with your spouse on important issues such as child support, alimony and division of assets/liabilities. This may mean that you will undergo what is known as a contested divorce. As everything could become extremely contentious, you need your attorney to fight vigorously for you and your children when needed, and understand when to employ a surgical precision to achieve the best outcome for your situation.
Understanding Contested Divorce
Contested divorce occurs when a couple fails to reach a mutual agreement regarding their divorce issues. At Weinberger Divorce & Family Law Group, it is understood that both emotional and legal factors can complicate the NJ divorce process. Naturally, decisions regarding your children, your assets, and your future require thorough consideration and planning. As a result, close analysis of all aspects of your divorce matter by experienced contested divorce attorneys will help you determine the best course of action. Throughout the contested divorce process, well-respected divorce attorneys such as those found at Weinberger Divorce & Family Law Group, will zealously litigate on your behalf in order to protect your rights.
Contested Divorce: Child Custody
Divorce requires you to undertake the arduous task of developing a Child Custody and visitation schedule. Unfortunately, each parent may have differing ideas about what is in the child’s best interest. At Weinberger Divorce & Family Law Group, we recognize that your family situation is unique and may require a creative solution. For complex custody cases, there may be a need for a professional mental health expert to perform a best interest custody evaluation. No matter what your circumstance, our New Jersey child custody attorneys will work with you to achieve a child custody agreement that makes sense for you and your family, either through strong negotiation or litigation.
Contested Divorce: Alimony and Child Support
In the state of New Jersey, contested divorce matters frequently involve a dispute over NJ alimony or child support, including the proper application of the Child Support Guidelines. Often issues arise when determining how much total income a spouse actually earns or how much a spouse can earn if working to his or her fullest potential. This is important because capacity to earn and imputation of income directly impacts support determinations. An experienced divorce attorney will know all of the intricate alimony and child support laws necessary to achieve the right support award in your contested divorce.
Contested Divorce: Distribution of Assets/Liabilities
Dividing your assets and liabilities in a contested divorce requires hard financial decisions regarding:
- Marital home
- Vacation properties
- Commercial properties
- Brokerage accounts
- Retirement accounts (such as 401Ks and IRAs)
- All debts including student loans, credit cards, lines of credit, mortgages, etc.
- And more
Distribution of assets and liabilities is a multifaceted process, especially in high net worth divorces. As a result, extensive discovery may be required. Keep in mind that there may also be other economic issues involved in a contested divorce, such as tax ramifications, or dealing with an inheritance or premarital property. In certain instances, it may be necessary to retain forensic accountants or actuaries to provide a detailed financial analysis.
If you find yourself involved in a contested divorce, it is important to remember that New Jersey is not a community property state; therefore, marital property is distributed equitably—not necessarily equally. That being said, you will benefit from working with a family law attorney who possesses an extensive knowledge of the divorce laws. All of the divorce attorneys at Weinberger Divorce & Family Law Group are skilled litigators who will vigorously pursue your contested divorce issues in the New Jersey family court system.
Talk to us about your situation. Call (888) 888-0919 to schedule an initial consultation with an attorney.
What is the difference between a contested divorce and an uncontested divorce?
The first thing to understand is that an uncontested divorce is where two people come together, identify their issues, and agree as to how to resolve those issues. It means that both parties can create a settlement agreement and go to the court and get a judgment of divorce amicably without the need for court intervention or litigation. A contested divorce is exactly what you would expect. There’s a dispute. So while the issues might be definable, the parties simply can’t agree as to how to resolve those issues. So, it means that in one form or another, some of those decisions or all of those decisions have to be made by a judge.