A contested divorce can be incredibly stressful and frustrating. If you’re dealing with a contested divorce in Monmouth County, NJ, our attorneys at The Law Office of Jennifer J. McCaskill, LLC can help. Call (732) 532-3212 today for a free consultation with an experienced Monmouth County contested divorce lawyer who can help you reach the best possible results.
With more than 20 years of experience handling family law matters, our firm has helped thousands of families navigate sensitive and complex issues. We understand the challenges involved and are prepared to help you move forward with clarity and confidence. Contact our office today to learn more about your options.
Divorce is rarely simple—especially when disputes involve issues that can affect every part of your life. In Monmouth County, New Jersey, The Law Office of Jennifer J. McCaskill, LLC provides dedicated support to individuals navigating contested divorces and works to protect what matters most.
Clients trust our Monmouth County divorce lawyers because:
If you need help, call today to schedule your free consultation with a Monmouth County family law attorney.
Even when two spouses agree to a divorce, disagreements often arise along the way. A divorce is considered “contested” when spouses cannot agree on one or more divorce-related issues or when one spouse disputes allegations made in a fault-based divorce. A divorce may also be contested if one spouse does not agree to end the marriage at all.
By comparison, an uncontested divorce occurs when both parties are able to resolve all issues on their own and submit an agreement to the court for approval.
Aside from disputes over the grounds for divorce, several key issues are commonly contested, including:
A contested divorce can quickly become emotionally charged, and these cases are often more time-consuming and expensive than uncontested matters. While many disputes can be resolved through negotiation or mediation, some cases ultimately require a judge to make final decisions.
Result By The Number
A contested divorce begins when one spouse files a complaint in the county where the couple lives. The other spouse, known as the defendant, must respond within 35 days after being served.
After a response is filed, the case typically moves through several stages:
If these efforts are unsuccessful, the case may proceed to trial, where a judge will make the final decisions.
This process can take time, and courts may issue temporary orders regarding support and parenting matters while the case is pending. An attorney can help protect your interests and guide you through each stage.
Divorce petitions contain basic information about the parties and the plaintiff’s requests, including:
The plaintiff is required to file a copy of the divorce petition with the Monmouth County Superior Court.
If your spouse does not respond to the petition within the 35-day timeframe, you can petition the court for a default judgment. You’ll have 60 days to petition the court. The 60-day timeframe begins when the initial 35-day response period ends.
To obtain the default judgment, you’ll need evidence that you followed the proper procedures when serving your spouse with the divorce papers.
Discovery is designed to facilitate the exchange of information between spouses. This phase plays a key role in identifying assets, evaluating claims, and preparing for negotiations or trial.
Attorneys may use several tools during discovery, including:
The information gathered during discovery can be used to support claims related to alimony, child support, custody, and property division. Each party is required to provide relevant and accurate information throughout this process.
The goal of settlement negotiations is to resolve disputes without court intervention. Reaching an agreement outside of trial can often save time, reduce costs, and provide more control over the outcome.
During this process, attorneys work with clients to identify priorities, evaluate options, and negotiate terms based on the evidence gathered.
Every case is different. Not all issues can be resolved during settlement negotiations. If that happens, your case will proceed to trial. The case remains in the discovery phase until the trial begins. Divorce trials are similar to any other type of trial. Each spouse’s attorney will make arguments and present evidence.
The judge will consider each spouse’s requests and evaluate the evidence in resolving disputes over:
Once the judge issues a final order, each spouse has the right to appeal.
There is no standard timeline for a contested divorce. The length of the process depends on factors such as the complexity of the case, the level of conflict, and the willingness of both parties to reach an agreement.
In general, contested divorces take longer than uncontested cases due to the additional steps involved. Working with an experienced attorney can help streamline the process and avoid unnecessary delays.
Spouses in New Jersey can obtain a no-fault divorce. To obtain a no-fault divorce, the couple simply cites “irreconcilable differences” as the reason for the divorce.
No-fault divorces can be contested or uncontested. As you can imagine, an uncontested divorce is one where the couple negotiates a settlement on their own and simply presents it to the court to be finalized.
Many no-fault divorces are contested. In other words, a couple can obtain a no-fault divorce and still disagree on key issues related to the divorce.
Are you dealing with a contested divorce in Monmouth County, New Jersey? Contact The Law Office of Jennifer J. McCaskill, LLC for a confidential consultation today. An experienced Monmouth County contested divorce attorney from our team can help you negotiate for a favorable result.
The Law Office of Jennifer J. McCaskill, LLC
157 Broad St Ste. 111 Red Bank, NJ 07701
(732) 532-3212
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My caseload is small by choice. I’m not a volume firm. I don’t take a case unless I can commit the time and attention it deserves — and unless I’m honestly the right person for it. That means every client gets a real answer about where they stand, not a pitch to sign a retainer.
732-747-1882
kryan@jjmccaskill.com
157 Broad St, Suite 111, Red Bank, NJ 07701
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