How can an uncontested divorce become contested?

In New Jersey, spouses are able to claim a no-fault ground when they file for divorce. This gives them the opportunity to have an uncontested divorce that may allow them to resolve their issues in mediation. Mediation can be beneficial since they can make decisions for themselves and avoid litigation. However, if they are unable to cooperate, they may have to enter into litigation. This can lead to a contested divorce. If spouses are unable to cooperate with one another during mediation, it can easily turn into a contested divorce. Mediation can be ended at any time by either spouse. Spouses may not be happy with the decisions that are being made or they may not be able to come to a decision at all. For these situations, the option to end mediation is important. They can then enter court where a judge will make decisions for them. This can be more beneficial in the long run since it will be able to resolve their issues. When mediation is unsuccessful, a judge will have to make decisions before the divorce is finalized.

Since mediation requires the cooperation of both spouses, it may not be a process that all couples can go through. It can be hard for some spouses to work together, especially during divorce proceedings. The spouses may not be able to cooperate with one another or they may not be able to reach any compromises. If spouses are unable to communicate with one another during mediation, it can give them an unsatisfied feeling with the results that are decided on for marital issues. In these situations, the option to end mediation is available.

Can modifications be made to marital issues?

Marital issues are decided on at the time of divorce with the current circumstances being considered. Since circumstances can change in the future, modifications are able to be made to marital issues. When these decisions are originally made, the circumstances can be quite different than they are a few years later. With this in mind, the courts allow the opportunity to make changes to marital issues. Spouses can file a motion with the court to have the situation revisited and to have an updated decision made for their case.

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. If you need quality legal services, contact the firm for a consultation.