Uncontested Divorce

Uncontested Divorce

  • Why divorce the hard way?
  • The Uncontested Divorce is the Fastest and Least Expensive Way to Get Divorced in New Jersey
  • Our firm has extensive experience with the Uncontested Divorce.
  • We handle the filings from start to finish
  • We’ll draft your (optional) marital agreement (a/k/a Property Settlement Agreement or P.S.A.)
  • We’ll move your uncontested divorce expeditiously though the legal system
  • Read more about the uncontested divorce process below.

UNCONTESTED DIVORCE

You may have heard that an uncontested divorce is the best kind of divorce, and this is generally true.  An uncontested divorce is defined as a divorce where you and your spouse (or civil union partner) agree on every issue that can be disputed.  Yes–every issue including the division of property including businesses owned, any pension or retirement funds such as a 401(k), the amount of alimony or the waiver of alimony, the custody of the children and the child support.  You also need to figure out who is paying off debts such as credit cards, mortgages and car loans.  It can be a lot of work–but the effort will pay off in a huge savings of legal fees and emotional distress.

The process begins by calling our office to make an appointment.  We’ll sit down with you to discuss the issues  unique to your situation.  Every marriage is a bit different and there are no cookie-cutter solutions.  We will also inform you of the legal fee for this service before we start work, and you will need to sign a fee agreement and a declaration of client’s rights and responsibilities.  Once you hire our firm we are obligated to serve your needs with the highest quality legal services.

Once the issues are resolved between you and your spouse, we’ll draft an agreement that you’ll both sign before a Notary Public.  Of course, there are some families that don’t even need a written agreement.  Then we’ll file your divorce and provide a copy to your spouse which he/she must acknowledge receipt of, at which point we can get a date from the court for a final hearing.  Only one spouse needs to attend with a lawyer from our office when the divorce becomes final.  The process generally requires three or four months from start to finish, but we can usually expedite the process if you’re willing to pay for special delivery services or rush fees.

Our office offers an easy going friendly environment.  We treat our clients with respect, and we are not judgmental.  We understand that divorce is serious business, and that no one wants to spend everything they have on legal fees.  Give us the opportunity to be of service, and we’ll likely become your lawyer for life.  At least we hope to.

But remember that not everyone qualifies for an uncontested divorce, and more importantly, not everyone should want one.  For example, if your spouse wants you to accept an unreasonable settlement just for the sake of avoiding litigation, you can end up compromising your lifestyle for years into the future.

Often times a difficult spouse will “move off” an unreasonable position in the course of litigation, so that litigation can be started but then concluded early on.  Many cases are resolved in this way.

So, while we encourage you to “work things out” with your spouse, we also encourage you to seek the assistance of a law firm such as ours to be certain that the settlement you have devised is not unreasonable to you under the circumstances.

Remember that one spouse is not entitled to deny another the right to see the children of the marriage, and one spouse cannot put the other spouse out “on the street” just because they feel like it.  Don’t allow these types of threats to influence your decision to settle your divorce prematurely.

Also remember that New Jersey state law has provisions which provide that a high earning spouse may be required to assist with the legal fees for a low earning spouse.

And what about legal separation? Learn more here.