Ending a marriage is typically an emotionally difficult time, but it does not have to be a bitterly contentious affair which drags out for months at great expense to you. In fact, the majority of divorces are uncontested events which are focused on quickly and privately settling the matters that need to be resolved in order to allow each party to move onward. If you and your spouse can agree on the terms of your divorce, an uncontested settlement can be reached. Less amicable divorces or divorces with complicated financial and custody issues generally qualify as contested divorces, which often take longer to finalize. Protecting your rights and interests in the course of a divorce is important, regardless of whether there are disagreements.
Having a capable attorney providing guidance is an important part of ensuring that you do not find yourself in an unreasonably negative position in the wake of the divorce. If you would like to discuss the viability of an uncontested divorce in your situation, contact an experienced Monmouth county divorce attorney of the Law Office of Andrew A. Bestafka, Esq., at (732) 898-2378. Our office offers free consultations to review your position and to discuss how we may be able to guide you through your divorce.
Benefits of Uncontested Divorce
Proceeding with a divorce in a peaceful and dignified manner provides a variety of advantages over a contested divorce, such as the following:
- Time. Uncontested divorces can be expedited in the state of New Jersey, lasting anywhere between 6 weeks and 4 months, whereas contested divorces take at a minimum 2 months and can last for up to a year.
- Cost. The expenses incurred by an uncontested divorce are typically much lower due to the reduced time involved in coming to a settlement.
- Reduced Conflict. Even when the initial level of conflict between the two parties is low, a contentious divorce can quickly escalate the ill will involved and make a difficult situation even more painful.
- Privacy. There is no need to make public the disclosures involved in an uncontested divorce, and a quiet proceeding will protect your privacy.
For those who are able to come to terms peacefully in their divorce, an uncontested process is often an ideal way to end a marriage.
Will My Divorce Qualify as Uncontested?
New Jersey law allows individuals to obtain a divorce in a specially expedited legal process if they qualify for an uncontested divorce. An expedited divorce can be preferable as it can save both parties a tremendous amount of money and emotional pain. Some uncontested divorces can be finalized within 6 weeks, although the majority of cases take 2 to 4 months to reach a settlement approved by the court. It is important to keep in mind, however, that in order to qualify for a rushed process, spouses must remain amicable and reach a full agreement on what are often contentious marital issues.
Some issues that spouses must consider, plan for, and come to an agreement on include:
- Child custody – a custody hearing is required for all divorces, regardless of uncontested or expedited divorce status. You and your spouse must agree on visitation rights and prepare for changes to your child or children’s schedules as they get older.
- Child support – you and your spouse must agree on the division of resources for the financial and medical care of your children.
- Taxes – individuals must discuss how deductions, property transfers, and alimony payments will be affected by divorce.
- Alimony – you and your spouse must agree on whether one spouse will receive support from the other in order to cope with the financial pangs of the divorce.
- Vehicle loans – Your lawyer can help with issues related to dividing your vehicles.
- Mortgage – you’ll need to determine what to do with the marital home and the mortgage.
- Personal property debts – you must reach an agreement regarding which debts are marital debts and which are personal debts.
- All other financial information – you must both be in agreement about each individual’s assets and debts in order to divide your finances. Spouses must consider retirement accounts, businesses, and property like cars.
If spouses have reached an agreement on all aforementioned aspects of the divorce, they must create and sign a property settlement in confirmation. The case may then be expedited as long as the marriage is dissolved before 5 years have passed, neither individual requests pretrial proceedings, and spouses continue to agree on key child custody and financial elements of the divorce.
The settlement will then be sent to the court for approval.
Why Do I Need a Lawyer?
Even in the simplest divorce situations, handling your own case is never recommended. Most people don’t know just how complex divorce law is, and the sheer number of forms, deadlines, and information that must be disclosed makes the probability of error in divorce cases high. An attorney can help you handle all the paperwork so you can rest assured that your case will not have to return to square one based on a minor mistake. In divorce cases, attorneys offer spouses a distinct advantage in important child custody and division of property issues.
Many people who choose to forgo a lawyer go seem to succeed in the divorce process only to find years later that they could have secured much more, or lost much less, of their finances if they had hired a lawyer. Though lawyer fees may seem weighty at the time of the divorce, most people find that it saves them money and time in the long run. Our attorneys at the Law Office of Andrew A. Bestafka, Esq. understand that in this difficult period of your life, you need reliable counsel on your side to ensure that your voice is heard and that you can protect what matters to you most.
Our lawyers know that coming to an agreement can be incredibly difficult at the end of a marriage, even in an amicable divorce, and want to make technical areas of the process as simple as possible. Let us handle your uncontested divorce case to ensure all information is correct for the court’s review, and to make sure your assets are secured in the agreement.
Why Choose Us?
Andrew A. Bestafka, Esq. is a native to New Jersey with more than a decade of experience in family law in Monmouth, Ocean, and Middlesex counties. Bestafka has been awarded numerous accolades for his divorce law work, including one of 10 best attorneys in client satisfaction by the American Institute of Family Law Attorneys and has received top marks for his divorce work by Avvo.
The Law Office of Andrew A. Bestafka, Esq. has proven experience handling in complex divorce situations. No case is too complicated, whether your marital issues include children, real estate, retirement, or alimony.
Our attorneys will take special care to build a legal strategy that takes your emotional and financial needs into consideration. We know that going through a divorce can be draining, but Attorney Andrew A. Bestafka will work with you to form a legal strategy can help you establish your priorities and goals to make the process easier.
At the Law Office of Andrew A. Bestafka, Esq., we understand the difficult nature of divorce and work tirelessly to make the process as simple and painless as possible for our clients. For a free consultation to discuss the details of your case with an experienced Monmouth uncontested divorce lawyer, contact us by calling (732) 898-2378 today.