UNCONTESTED DIVORCE

Uncontested Divorce Attorney Toms River, NJ

Serving Clients and Families in Ocean and Monmouth Towns including Wall, Toms River, Asbury Park, Neptune, Spring Lake, Sea Girt, Jackson, Point Pleasant, Brick, Manasquan, and more

Uncontested Divorce Attorney Toms River NJIf you and your spouse have agreed that a divorce is necessary, but believe you can decide for yourselves the many issues related to divorce including child custody, child support, alimony, and division of assets without the intervention of a judge, uncontested divorce may be a good option for your family.

A divorce which is considered “uncontested” in New Jersey will be placed on an expedited legal track, meaning you will have to spend less time (and money) ultimately resolving your divorce. It is important to remember however, that even if your divorce starts out as “contested”, as long as you and your spouse are able to create a fair Divorce Settlement Agreement before going to trial, you may still be able to take advantage of the uncontested divorce legal track.

At The Bronzino Law Firm, we provide flexible, client-centered representation in matters of divorce and family law. If you and your spouse decide that an uncontested divorce is the best option for you, we are prepared to guide you through the process, file the appropriate paperwork and handle the matter swiftly and efficiently.

Call our Brick office or our Sea Girt office today at (732) 812-3102 to discuss your divorce and your options for securing an uncontested divorce in a free and confidential consultation with our legal team today.

The Requirements for an Uncontested Divorce in Monmouth and Ocean County

Filing for an uncontested divorce in New Jersey has certain benefits. An uncontested divorce can often be resolved quickly and put on “a fast track” through the family court system. Additionally, if you and your spouse are able to agree on key divorce issues, it will greatly lessen the stress associated with the traditional divorce process.

In order to file for divorce on an uncontested basis in New Jersey, the following requirements must be met:

  1. One of the parties must have lived in New Jersey for at least the past year
  2. Both parties must agree on child custody, child support, and spousal support (if applicable) determinations
  3. Both parties agree to the proposed property division agreement

If all of the latter items are true, you can follow the steps below to file for, and obtain, a New Jersey uncontested divorce.

The Uncontested Divorce Process Wall, NJ

In an uncontested divorce, only one party files papers with the courts while the other is aware of the filings but does not file an answer. The divorce filing goes unanswered because the parties will have already drafted and agreed upon a “Property Settlement Agreement”, a document outlining the rights and obligations of the divorcing couple in regards to custody and visitation, support, and property division.

The following are the steps most commonly taken by couples wishing to pursue an uncontested divorce. Some may be taken simultaneously, or slightly out of the order presented, as always be sure to consult with your Wall, NJ divorce attorney for comprehensive legal advice and guidance when it comes to your divorce.

  1. The individual who is filing for the divorce will have an initial consultation with their Ocean County divorce attorney in which they identify all of the potential issues to be addressed in the divorce, the relevant facts, and a detailed account of financial information.
  2. The parties will now negotiate, and draft, a Property Settlement Agreement. This agreement will control how each party’s lives are restructured following the divorce, including determinations such as:
    • Child Custody (both physical and legal)
    • Child support payments and emancipation terms
    • Added child expenses such as summer camps and medical expenses
    • College tuition payments
    • Alimony determinations such as amount, duration, and allowances for modifications
    • Equitable distribution of marital properties including vehicles, properties, bank accounts, retirement assets, and investments
    • Responsibility of debts
    • Tax issues including refunds and deductions for dependents
    • Any other issues regarding the couple’s financial and legal obligations to each other and the State.
  3. Once all of the above issues have been thoroughly accounted for and decided, the party filing the complaint (the “Plaintiff”) will have their Toms River, NJ divorce attorney prepare all of the necessary documents to be filed with the Courts. These documents include a Summons, a Complaint, a Certification of Insurance (a list of all insurance coverages for the parties and their children), and finally a Case Information Statement.
  4. After all of the necessary papers have been filed with the court, the papers will be delivered to the defendant in what is known as “service of process”. The courts are very specific about what is and what is not proper service of process, and the rules for service of process can be different between uncontested and contested divorces. Whether you are the the Plaintiff or the Dependent, it is important that you speak with your Point Pleasant divorce attorney to make sure you understand your exact obligations and rights during the service of process.
  5. Now that the service of process has been properly observed, the plaintiff’s attorney can then prepare a “Request for Default Judgement”. After which, the Court will hold a hearing to ensure that there are adequate grounds for the divorce, and that both parties have fairly and knowingly entered into the Property Settlement Agreement. After the Judge has satisfied these requirements, by both reviewing documents and questioning the parties involved, the Judge will sign a form of judgement, incorporating the Property Settlement Agreement, which will be used as the formal document proving their divorce.

As you can see, there are a great many variables, procedures, and requirements involved with deciding and obtaining an uncontested divorce in New Jersey. For these reasons it is important that you retain experienced Ocean County divorce counsel to both protect your individual rights during the process, and ensure that the process goes smoothly and according to the Court’s standards.

Contact Our Asbury Park Uncontested Divorce Lawyers Today

A New Jersey uncontested divorce can be achieved so long as both parties are cooperative, reasonable and willing to communicate. Even if you and your spouse do not initially agree over every issue, if you are committed to resolving them cooperatively, an uncontested divorce may be a good fit for you.

At Bronzino Law Firm, our extensive experience in the field of family law and divorce allows us to efficiently and intelligently resolve your divorce and all of the associated issues such as child custody, child support, alimony, and division of assets. We have guided many clients through the uncontested divorce process across the Ocean and Monmouth County area including Wall, Point Pleasant, Brick, Toms River, Jackson, Asbury Park, Neptune, Sea Girt, Spring Lake, Manasquan, Brielle, and more.

Our smaller size allows us to develop personal and attentive relationships with our clients, while at the same time keeping our rates reasonable and fair. We believe that the more informed and involved you are in any legal matter, the better you can make the decisions necessary to protecting you and your family’s future.

To speak with our experienced family law team in a free and confidential consultation regarding your divorce and any issues you may have, please contact us online or through either our Brick, NJ office or our Sea Girt, NJ office at (732) 812-3102.