What is a Contested Divorce in New Jersey?

Key Takeaways

A contested divorce is one where spouses cannot agree on one or more issues and ask the court to decide.
Every NJ divorce needs a recognized ground under N.J.S.A. 2A:34-2 and usually one year of residency.
Once served, a spouse has 35 days to respond, and a final judgment can be appealed within 45 days.

Because it involves spouses who can’t agree on one or more divorce-related issues in their case, a “contested” divorce is the most complicated of divorces. A contested divorce occurs when the spouses cannot reach an agreement on one or more issues, like custody, support, or property division, and ultimately need the court to decide on these issues. In New Jersey, at least one spouse must have typically lived in the state for at least one year, and the divorce must be filed on a legally recognized ground in accordance with N.J.S.A. 2A:34-2. Once served, the other spouse has 35 days to respond, and both parties have 45 days to file an appeal of a final decision. For more information on the nature of contested divorces in New Jersey, please continue reading, then contact one of our experienced Morris County, NJ divorce lawyers as soon as possible.

What Kind of Divorce Can You Get in New Jersey?

Spouses wishing to separate have two major routes: A contested divorce or an uncontested divorce. An uncontested divorce involves both spouses agreeing on all issues concerning the divorce, including, but not limited to:

The division of marital property and debts
Child custody
Child support, and
Spousal support, also known as alimony

Conversely, a contested divorce involves one where the spouses can’t agree on the issues in their divorce and wind up in court, where they must ask a judge to make these decisions for them. Whether you and your spouse disagree on one key issue or all of them, you can classify your divorce as contested.

How Is a Contested Divorce Different in New Jersey?

While it usually costs the same to file either type of divorce in the Garden State, spouses opting for a contested divorce will likely spend more money on attorney’s fees and expert witness fees, i.e., financial consultants or appraisers, than a couple that agrees on most of the divorce-related issues.

What Are the Grounds and Residency Requirements?

Before the court can examine the matters being contested, the courts in New Jersey must ensure that the divorce adheres to the legal requirements in accordance with N.J.S.A. 2A:34-2:

A legal ground: The divorce complaint must state a legally recognized ground. No-fault grounds include irreconcilable differences that last at least six months, and separation for at least 18 months. However, you may also cite fault grounds, including:
- Adultery
- Desertion
- Extreme cruelty
- Imprisonment
- Habitual substance abuse
- Institutionalization
Residency: For most cited grounds, at least one spouse must have been a New Jersey resident for at least one year prior to filing. The primary exception is adultery, which will waive the minimum residency requirement if the divorce is filed on these grounds.

What Is the Process for a Contested Divorce in NJ?

If you and your spouse can’t come to an agreement on the issues related to your divorce, you will have to follow the following steps:

The divorce petition: One spouse will have to prepare, file, and serve the divorce petition, i.e., legal paperwork asking for the divorce and stating the grounds for the breakdown of the marriage. Then, the other spouse will have to respond, which should involve hiring one of our skilled New Jersey divorce and family law attorneys. Under Court Rule 4:6-1, the served spouse generally has 35 days to file a response when served in person, or 60 days if served by mail; missing this deadline can lead to a default judgment.
Divorce discovery: The spouses and their legal counsel will engage in the information-gathering process, which involves various legal procedures to get information from each other and from third-party witnesses. This may include written questions, subpoenas, and depositions.
Pre-trial motions and hearings: One or both spouses can request that the court order one party to pay pendente lite child and spousal support until the finalization of the divorce.
Settlement proposals and negotiations between attorneys: Through the court system, your attorneys will try to resolve divorce-related issues.
A court trial: Cases go to trial when the parties can’t resolve the issues using other formats. This trial will take place in the Superior Court of the county in which the plaintiff lives.
An appeal: If you do not agree with the judge’s decisions, you may lodge an appeal within forty-five days of the entry of the final Court Order.