Monmouth County Contested Divorce Lawyers
Ending a marriage is an extremely difficult decision that doesn’t always, but frequently involves disputes and ill will between the two parties. Unfortunately, it can often lead to bitter conflicts which become financially and emotionally devastating for everyone involved. Anger over the separation all too often leads to aggressive attempts to obtain unfair portions of shared assets and responsibilities. Thus, without the right legal representation, your rights and interests can easily be abused for the profit of your estranged spouse.
If you and your spouse are unable to settle the practical issues necessary in a divorce through mediation or other cooperative means, it is essential that you protect yourself with skilled legal representation. At the Law Office of Andrew A. Bestafka, Esq., our legal team understands the difficult situation that a divorce can become and will work diligently to help you reach a favorable resolution. To learn more about what our experienced Monmouth County contested divorce attorneys can do for you, call us today at (732) 898-2378.
Do I Need a Contested Divorce Attorney?
A contested divorce means that the parties cannot agree on the terms of the divorce, such as how property will be divided up and how much alimony should be paid. The often-belligerent nature of a contested divorce means that having an attorney is even more important than in other types of divorce proceedings. A contested divorce attorney will fight for your rights against your former spouse so that you can retain valuable property, gain child custody rights, and obtain a divorce on the best terms possible.
While you may be tempted to try to handle your divorce proceedings on your own, it is wise to retain an attorney who understands this area of law. An experienced attorney will understand how to leverage the facts of your case and make the most compelling arguments in court. With the assistance of a contested divorce lawyer, you can have peace of mind that your best interests are being protected.
Why Choose Law Office of Andrew A. Bestafka, Esq. to Handle My Case?
In family law matters such as divorce, a trusting relationship with your attorney is essential. In general, you will feel most comfortable trusting your case to the most experienced lawyer you can find. At Law Office of Andrew A. Bestafka, Esq., attorney Andrew Bestafka strives to ensure that you receive the best possible service to deliver the desired outcome in your case.
Mr. Bestafka has been practicing law in the Middlesex, Monmouth, and Ocean County area for over a decade. He is from Freehold, New Jersey, and uses his strong ties to the area to effectively represent members of these communities. Mr. Bestafka graduated from the University of Cincinnati Law School, making the Dean’s Honor Roll. He is highly decorated as a lawyer, achieving the designation of Super Lawyer, a 10 out of 10 rating on Avvo, and being named as a top lawyer for client satisfaction by the American Institute of Family Law Attorneys.
Mr. Bestafka is dedicated to providing cost-efficient and effective representation to you during the difficult period of divorce from your spouse. He strives to treat each client with the compassion and attention to detail that has helped make his practice a success.
What Is a Contested Divorce?
In any divorce proceeding, the person filing for divorce must serve the divorce papers to their spouse. This provides the non-filing spouse with notice of the filing and thirty-five days to respond to the filing. If the non-filing spouse chooses not to respond, then the filing spouse can obtain a divorce by default. In other situations, the parties are able to agree to all of the terms of the divorce, including finances, property distribution, and child custody issues. This expedites the process of divorce. In contrast, a contested divorce is one in which the parties do not initially agree to all of the elements that are required to finalize a divorce.
In many cases, couples do not agree on the way a divorce should play out. Many divorces are contested for this reason. Practically speaking, a contested divorce means that the spouse who receives the initial divorce complaint files an “answer” to the complaint. After the initial answer to the divorce complaint, the parties can move into mediation or other forms of negotiation to try to reach a settlement without going to trial.
While it may seem like less of a hassle to simply agree to a divorce, it is of critical importance to contact an attorney if you are served with divorce papers. An experienced lawyer can assist you in determining what, if anything, you should contest or agree to. A divorce settlement has implications for every area of your life, and you do not want to get stuck with a settlement that is on less favorable terms than you deserve.
Points of Contention
Going through a divorce means that you will have to settle a variety of issues regarding assets and responsibilities that you and your spouse share. When the two of you cannot agree, you may require the assistance of an attorney to settle matters such as the following:
The decisions regarding these issues can dramatically affect your life following the divorce and, as such, should be carefully addressed.
Resolving a Contested Divorce
It may seem that a contested divorce means that the divorce process will take a long time. While this may be the case, it does not have to be. A contested divorce simply means the parties do not agree at the start of the proceedings. Through negotiations before trial, you may be able to avoid the more time-consuming and expensive portions of divorce proceedings. Even where there is a significant amount of complexity, if both spouses are willing to work toward a resolution, the more likely it is to avoid having to go the whole way to trial in your case.
Some of the more time-consuming issues in a contested divorce can involve dividing and distributing the assets and liabilities that each party has acquired during the marriage. The financial decisions in this area can be difficult to make, especially when it comes to valuable assets such as the marital home, investments, pensions and retirement accounts, vacation properties, and even the debts that both parties have, such as credit card and consumer debt, mortgages, and student loans.
In order to fairly and efficiently divide marital property, discovery may be necessary. This process entails obtaining records and information about all of the properties and accounts both spouses hold. Property that has been brought into the marriage and inheritances have to be handled separately. Additionally, tax consequences may become significant during this phase of negotiation and the proceedings. Regardless of your particular situation, we will advocate for your best possible outcome. This includes not only in the financial realm but also in relation to child custody and visitation matters.
Do not be concerned if you and your spouse do not agree at the beginning of your divorce proceedings. As we work with you, we will be able to help you identify the issues that are truly significant to you and we will work toward brokering a positive settlement for you. If we have to go to trial, we are prepared to do so, and we will fight for your rights at every turn.
At the Law Office of Andrew A. Bestafka, Esq., our experienced Monmouth County contested divorce lawyers are committed to protecting the rights and interests of our clients. It is our goal to work tirelessly to help you achieve a favorable divorce settlement and resolve all of the issues you face during this difficult time. For a free consultation to discuss the details of your situation, call us today at (732) 898-2378.