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What is a Contested Divorce?

It is no secret than when couples go through a divorce, it is not always amicable. There are many cases in which two spouses do not agree upon the grounds for their divorce. It is because of this that divorcing couples in the state of New Jersey can cite either “fault” or “no-fault” grounds when beginning the process. When a spouse cites fault grounds, they usually go through a contested divorce. During a contested divorce, spouses often disagree with the terms of their separation. This can be over matters such as spousal support, property distribution, child custody, child visitation, and child support. Often times, this leads to a drawn-out process of litigation. If you are going through a contested divorce, there are many things to consider.

What is Equitable Distribution?

While many spouses believe that their assets are divided equally between the couple during a divorce, this is not always the case. In fact, the assets are generally equitably distributed. This means that rather than a 50/50 split, they are divided in a fair and just way based upon the facts of the case. As some spouses in a contested divorce believe they are owed more, the court determines these factors for them.

What is Spousal Support?

When spouses disagree on the terms of their divorce, they usually disagree on many factors of their marriage. Often times, these situations can become hostile. When this happens, spouses usually do not want to assist their former spouse once the paperwork is signed and finalized. However, there are many circumstances in which spousal support may be required after a divorce. This is when the financially dependent spouse receives payments from the independent spouse for stability until they can provide for themselves. These determinations are made by the court in order to avoid further issues in the case.

Child Custody and Support

Two important marital issues that need to be decided in divorcing parents are child custody and child support. When a divorce is contested, spouses often vehemently disagree with where their child should belong or whether or not they should owe child support to them. Usually, both parents want to play a role in their child’s life. Courts generally want this as well, which is why they work to come to a conclusion in which both parents are involved. This can be attained through physical custody as well as legal custody.

In situations where one parent has physical custody of their child, the non-custodial parent may not feel required to pay support for a child they rarely see. However, the state of New Jersey requires both parents to financially support their child. If a couple cannot agree on their custody and support situations, the court will do so for them. 

Contact our New Jersey firm

If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.