New Jersey Divorce Attorneys Experienced in Uncontested Divorce
Uncontested divorces fall into two categories:
(1) Consent Divorces – the parties agree on all major issues; and
(2) Default causes – where the respondent fails to appear to contest the divorce or any issue in it, either because he or she chooses not to oppose it, or because he or she cannot be located.
In a divorce where the parties resolve all of their issues amicably, they will memorialize their agreement in a Property Settlement Agreement. The Property Settlement Agreement will be signed by both parties, attesting that they agree to the terms contained therein. When the parties appear before the Court, their agreement will be incorporated into their Judgment of Divorce. The Court does not pass on the merits of the agreement; they only ask whether the parties enter into the agreement freely, voluntarily, and without duress or coercion. It is important that the terms of your Property Settlement Agreement are worded carefully so they cannot be construed against you in any future litigation, should that be necessary.
Where one parties defaults, i.e. does not answer the Complaint for Divorce, the other party may obtain a Judgment of Divorce after following the appropriate Court procedures. A default normally occurs when one party cannot be located, or they chose to knowingly not answer the Complaint for Divorce. If you are the party requesting the divorce, the Court will require you to submit a Notice of Proposed Judgment, outlining what you feel should be the terms and conditions of your divorce. The Court will incorporate the Notice of Proposed Judgment into your Judgment of Divorce. If you are the defaulting party, it is important for you to understand that if you fail to respond to the Complaint for Divorce, any objections or input into your divorce will not be entertained by the Court. As a result of your failure to respond, you could forfeit:
- Financial rights; and/or
- Equity rights.
Given the complexities of even Uncontested Divorce in New Jersey, we advise you to contact one of our experienced divorce lawyers or family law attorneys at 973-627-7300 at Einhorn Harris today. We handle divorce throughout New Jersey.