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Do I Need An Attorney Even if My Divorce is Uncontested?

Continue reading and reach out to a Morris County NJ divorce lawyer to learn more about the uncontested divorce process and why you will need a dedicated legal professional on your side.

What is an uncontested divorce in New Jersey?

An “uncontested divorce” is a certain kind of divorce that is placed on a quicker legal track in New Jersey. There are a number of different ways for a divorce to be considered “uncontested.” On the other hand, a contested divorce is a legal term for when the divorcing couple does not immediately agree on all of the key divorce issues of child custody, child support, spousal support, and division of assets.

The main benefit to an uncontested divorce is that 35 days after the initial divorce paperwork is filed, a final hearing will be prepared, and the judge will review the divorce paperwork, and in most cases grant the requested divorce. This is a greatly reduced time frame when compared with a contested divorce, so if and when your divorce meets the requirements for an uncontested divorce, this can be a much more efficient way of settling your divorce. It is also important to note that you will want to retain the services of a skilled attorney to help you through this process.

How do I file an uncontested divorce?

In the event that you and your spouse have come to a final agreement about all the terms of your property settlement agreement before the divorce was filed, you are will be able to file for an uncontested divorce. At this stage, the filing party should file their initial divorce complaint, along with the agreed-upon property settlement agreement.

The defendant, also known as the party who is not filing for divorce, should not respond to the divorce complaint. After 35 days without an answer from the defendant, the plaintiff can request a final divorce hearing. It is important to understand that the plaintiff must attend this hearing, and while the defendant does not have to, it is still recommended that they do if they are able.

At this final hearing, a family court judge will review all of the papers associated with the divorce, including the proposed property settlement agreement. The judge will sign the final divorce decree, and your divorce will be given according to the terms outlined in your property settlement agreement. It is most beneficial to have a skilled Morris County NJ divorce lawyer on your side throughout each step of this process.


At Townsend, Tomaio & Newmark, LLC, our seasoned divorce and family law attorneys ensure that through the process of resolving your family matter, you feel empowered, not overwhelmed. Providing unwavering support, undivided attention, and unflinching advocacy, our team invests in your cause, working tirelessly to pave your path toward a brighter tomorrow. If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.