A contested divorce is when spouses cannot agree on various aspects of the split, including child support, alimony, and more. If you are currently in a contested divorce, here are some of the questions you may have regarding the legal process going forward:
What issues may be dealt with in a contested divorce?
- Child support: This comes into question when one parent is either granted sole custody or primary custody of their child. Oftentimes, this leaves the parent with primary custody feeling that they need financial assistance to sufficiently care for their child to maintain his or her standard of living. However, oftentimes the other parent may initially decline to make such payments if he or she believes them unfair or too high.
- Property distribution: Nobody wants to leave their house by force, however, in a contested divorce, marital property is often distributed accordingly, and therefore, oftentimes one spouse is required to move out.
- Child custody: Even worse than losing a home, no parent wants to lose custody of their child, and understandably so–parents seek to play an equal role in their child’s life, which is why very often, in contested divorces, parents end up fighting for custody of their children.
- Alimony: If you recently divorce and need financial support to maintain your standard of living, there is a very good chance you are now seeking alimony payments. Various factors come into consideration when courts decide the terms of your alimony agreement, such as you and your spouse’s income, how long you were married, and how much each spouse contributed, both monetarily and otherwise, to the marriage.
What is the contested divorce process like?
If you and your spouse cannot agree on the terms of your divorce, your divorce will most likely be litigated through the process known as “equitable distribution.” Unfortunately, this seldom refers to a 50/50 division of assets. Instead, the court will determine a “fair and just” distribution of your assets. Rather obviously, one or both spouses are very often left disappointed with the court’s decision, which is why many couples first hire divorce mediators to see if they can come to an agreement through mediation first, outside of the courtroom setting. If you think mediation may work for you, please do not hesitate to reach out to our firm today.
Contact our experienced New Jersey firm
The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. We understand how serious and potentially impactful divorce and family issues can be, which is why we dedicate ourselves to providing our clients with compassionate and knowledgeable legal advice and action. If you need quality legal services, please do not hesitate to contact the firm for a consultation.