Divorce proceedings can be taxing for all parties involved. Many couples turn to alternative dispute resolution (ADR) methods, such as mediation, to streamline the process and alleviate some associated stress. Co-mediation, a specific approach to mediation, has gained popularity in recent years for its collaborative and comprehensive nature.

Co-mediation involves the presence of two mediators instead of just one during the divorce proceedings. This unique setup provides couples the benefit of having two professional perspectives guiding them through the negotiation process. Typically, co-mediators come from different professional backgrounds, such as law, psychology, or social work. This diversity of experience allows them to offer a well-rounded approach to addressing the various aspects of divorce, including legal, emotional, and financial considerations.

The primary goal of co-mediation is to facilitate productive communication and negotiation between the parties involved in the divorce. With two mediators present, couples can expect a more balanced, thorough exploration of their concerns and interests. Co-mediators are neutral, guiding discussions and helping couples reach mutually agreeable solutions to issues like asset division, child custody, and spousal support.

How Does Co-Mediation Differ From Traditional Mediation?

The main distinction between co-mediation and traditional mediation is the number of mediators involved. In traditional mediation, only one professional typically facilitates discussions between the divorcing parties. While this approach can still be effective, co-mediation offers several advantages.

First, having two mediators can level out power imbalances that may exist between the spouses. Co-mediation also allows for a more comprehensive exploration of the issues at hand, as each mediator brings their unique perspective and skills. That can lead to more creative and tailored solutions with which everyone can agree.

Another difference is the dynamic between the mediators themselves. In co-mediation, they work collaboratively throughout the process, bouncing ideas off each other and providing mutual support. That teamwork can create trust and transparency to enhance the session’s effectiveness.

What Are the Benefits of Co-Mediation in Divorce?

Co-mediation offers several benefits that make it a viable option for couples going through the divorce process:

• Professional backgrounds: Couples can access a broader range of experience and insights with two mediators from different professional backgrounds. That can help ensure that all aspects of divorce are thoroughly addressed.
• Enhanced communication: The presence of two mediators can promote open and productive communication between the parties involved. With multiple perspectives guiding the discussions, couples may find it easier to constructively express their concerns and interests.
• Balance: Co-mediators act as neutral facilitators, ensuring both parties have equal opportunities to voice their opinions and concerns. This balanced approach helps prevent anyone from dominating the negotiation process for more equitable outcomes.
• Creative solutions: The collaborative nature of co-mediation encourages mediators to think outside the box and explore creative solutions. That can result in agreements tailored to your unique needs and circumstances.

Our Experienced Bergen County Divorce Mediation Lawyers at Torchin Martel Orr LLC Will Explain All of Your ADR Options

Contact our Bergen County divorce mediation lawyers at Torchin Martel Orr LLC to learn how co-mediation or another ADR method could be beneficial. Call 201-971-4866 or contact us online to schedule a consultation today. Located in Paramus, New Jersey, we serve clients in Bergen County, Morris County, Essex County, Hudson County, and the surrounding towns in northern New Jersey.

If you are seeking a divorce in New Jersey, you can pursue a no-fault or a fault-based divorce. While most couples file for a no-fault divorce since they tend to be significantly less time-consuming, contentious, and expensive, some circumstances may warrant a fault-based divorce. For example, if you believe that your spouse has been unfaithful, this is a fault-based grounds for divorce.

Infidelity can also have an impact on the outcome of your divorce settlement. If you wish to file for divorce due to your spouse’s infidelity, it is highly recommended that you contact an experienced divorce lawyer at your earliest convenience.

Pursuing a Fault-Based Divorce in New Jersey

Even if your spouse has engaged in an extramarital affair, you may want to consider your options when it comes to the type of divorce you want to have. For example, you may feel strongly about pursuing a fault-based divorce so that your spouse faces consequences for being unfaithful. However, it is important to consider the fact that a fault-based divorce is often significantly more expensive, time-consuming, and emotionally fraught than a no-fault divorce. There are several factors that you will need to consider when filing for divorce, including how motivated you are to reach a divorce agreement as quickly as possible, if you have custody issues that need to be resolved, and the impact that your spouse’s affair has had on you and your family.

Will My Spouse’s Infidelity Impact Spousal Support?

If you do intend to pursue an at-fault divorce citing infidelity, you will need to file a Complaint for Divorce with the New Jersey Superior Court Family Division and include the grounds for divorce. By pursuing a Complaint for Divorce, it may be possible for you to seek amended alimony or the distribution of finances and marital assets to reflect your spouse’s infidelity. For example, if your spouse used your shared finances to pay for expensive trips, jewelry, or other expenses related to the affair, a judge may rule that the money that your spouse spent towards the affair should be added to your settlement amount. In addition, your spouse may lose the right to certain alimony payments if they are benefiting financially from the person with whom they are having an affair.

Will Child Support Be Affected By My Spouse’s Infidelity?

Ultimately, your spouse’s affair may not have a direct impact on who will be granted custody of the children because the court system is committed to ruling based on what is in the best interest of the children. While an extramarital affair is a betrayal of marital vows, it does not mean that your spouse is a bad parent or that you should automatically get custody of the children because of your spouse’s infidelity. It also does not mean you will receive a higher child support payment from your spouse. A highly skilled divorce lawyer will work closely with you to ensure that your legal and financial rights are protected and that your children’s best interests are the top priority.

How Is Marital Property Divided If My Spouse Was Unfaithful?

New Jersey is an equitable distribution state, which means that marital property is divided in a manner that the court deems fair, as opposed to an automatic 50/50 split. If your spouse had an affair, the court may consider the details surrounding the affair, including whether your spouse spent money on lavish gifts or trips, and determine that the fairest division of marital property involves you receiving a larger percentage of the property. Your divorce lawyer will negotiate on your behalf and pursue the outcome of your deserved settlement.

Our Bergen County Divorce Lawyers at Torchin Martel Orr LLC Help Clients Navigate the Divorce Process

If you are filing for divorce after discovering that your spouse was unfaithful, you are urged to contact our Bergen County divorce lawyers at Torchin Martel Orr LLC as soon as possible. We will discuss the available options and recommend the best legal course of action. Our dedicated legal team will pursue the best possible settlement outcome. To schedule a confidential consultation, call us today at 201-971-4866 or contact us online. Located in Paramus, New Jersey, we serve clients in Bergen County, Morris County, Essex County, Hudson County, and the surrounding towns in northern New Jersey.

Divorce often brings about a host of financial concerns, particularly when dividing assets like your 401(k). Many individuals are understandably worried about safeguarding their financial stability amidst the emotional turmoil of divorce proceedings. Here is what you need to know about protecting your 401(k) in a divorce.

What Happens to My 401(k) in a Divorce?

In the event of a divorce, all marital assets acquired during the marriage are typically subject to division. That includes retirement accounts like your 401(k). The portion of your 401(k) accumulated during the marriage is considered marital property and could be divided between you and your spouse.

Any contributions made to the 401(k) before the marriage or after the date of separation may be deemed separate property and could be excluded from the division.

How Can I Safeguard My 401(k) in a Divorce?

• Open communication with your spouse: Maintaining open and honest communication throughout the divorce is essential, especially for financial matters. Discussing the division of assets, including your 401(k), can encourage cooperation and minimize conflicts during negotiations.
• Seek legal counsel: A knowledgeable divorce attorney with experience in asset division can provide invaluable guidance. They can assess your unique circumstances, explain your rights, and guide you through the legal challenges of protecting your 401(k) in a divorce.
• Explore alternative solutions: Instead of relying solely on litigation to divide assets, consider alternative dispute resolution methods like mediation or collaborative divorce. These approaches might offer a more amicable, cost-effective means of reaching an agreement.
• Create a Qualified Domestic Relations Order (QDRO):A QDRO is a legal document that outlines how retirement benefits should be divided in a divorce. Your attorney can draft a comprehensive QDRO that guides the division of your 401(k).

What Are the Tax Implications of Dividing My 401(k) in a Divorce?

Dividing a 401(k) in a divorce can have significant tax implications that should not be overlooked, especially in high-asset divorces. Here are a few important considerations:

• Taxable distributions: Withdrawals from your 401(k) as part of a divorce settlement may be subject to income taxes and early withdrawal penalties. This depends on your age and the specific circumstances of the distribution.
• QDRO: A QDRO can help mitigate tax consequences by transferring retirement funds between spouses. However, the QDRO must be drafted accurately to avoid unintended tax liabilities.
• Long-term planning: Divorce can have lasting financial implications, particularly in retirement planning. It is essential to consult with a financial advisor to develop a comprehensive strategy for managing your retirement assets and minimizing tax burdens for now and the future.

What Steps Can I Take to Protect My 401(k) Before Getting Married?

Before getting married, you should take proactive measures to safeguard your financial future, including your 401(k). Consider the following:

• Prenuptial agreement: Drafting a prenuptial agreement can outline how retirement accounts will be divided in the event of a divorce.
• Separate accounts: Maintaining separate accounts for premarital assets, such as your 401(k), can protect them. These accounts might not be subject to division in the event of a divorce.
• Regular review: Continuously monitor and update your beneficiary designations and account details to reflect changes in your marital status and estate planning needs.

Protecting your 401(k) requires careful consideration, proactive planning, and trusted legal guidance. By taking the necessary steps to understand your rights and explore available options, you can safeguard your financial future and achieve a fair division of assets.

A Paramus Divorce Lawyer at Torchin Martel Orr LLC Will Work to Protect Your 401(k) During Your Divorce

If you are facing a divorce, consider contacting a skilled Paramus divorce lawyer at Torchin Martel Orr LLC for compassionate and knowledgeable legal representation. For a confidential consultation, complete our online form or call 201-971-4866. Located in Paramus, New Jersey, we serve clients in Bergen County, Morris County, Essex County, Hudson County, and the surrounding towns in northern New Jersey.

In times of economic uncertainty, job loss can place an even more significant burden on individuals and families. While the emotional and financial impact of losing a job is well-documented, it also has the potential to strain marital relationships. The upheaval of sudden unemployment can become a catalyst for marital problems, but many couples manage to work things out and become closer. For others, it leads them down the path of divorce.

When one partner loses their job, it can disrupt the household’s financial stability, leading to arguments about money management, mounting bills, and lifestyle adjustments. In many cases, couples may struggle to make ends meet, aggravating existing tensions within the relationship.

The stress of unemployment can also spill over into other aspects of the marriage, such as communication, intimacy, and trust. Feelings of inadequacy or resentment may arise, further straining the bond between spouses. Financial hardship can erode the foundation of even the strongest marriages without open and honest communication and effective coping mechanisms.

Factors like the duration of unemployment, the couple’s financial resources, and their ability to adapt to change can influence the likelihood of divorce. While some couples may weather the storm and emerge stronger, others may find themselves unable to overcome the challenges posed by job loss.

What Role Does Stress Play in Divorce?

Job loss can be a major source of stress for married couples. Unemployment, pressure to find a new job, and uncertainty about being able to provide for one’s family can affect mental and emotional well-being.

Stress can manifest in different ways within a marriage, including irritability, mood swings, and a communication breakdown. Spouses might turn to unhealthy coping mechanisms such as substance abuse or withdrawal, making things worse.

The loss of a job can also impact one’s sense of identity and self-worth, leading to feelings of depression, anxiety, and low self-esteem. These negative emotions can spill over into the marriage, creating a toxic environment conducive to conflict and, ultimately, divorce.

How Can Couples Face the Challenges of Job Loss?

Couples can face this challenging time and emerge stronger together. Open communication allows spouses to express their concerns, fears and needs honestly. By sharing the burden of unemployment and working together as a team, couples can strengthen their bond and weather the storm.

Practical strategies include:

• Creating a budget.
• Exploring alternative sources of income.
• Seeking professional support.
• Prioritizing self-care.
• Maintaining a sense of optimism.

Additionally, a lawyer can help with job loss during the divorce proceedings. A lawyer will offer strategic legal guidance, explaining how the loss of employment might impact matters such as spousal or child support. This insight helps in understanding rights and obligations during a financially challenging time. Also, lawyers excel in negotiation, advocating for fair treatment and adjustments based on the changed financial circumstances. They can also assist in documenting the job loss’s impact, gathering relevant evidence, and preparing solid legal arguments. Importantly, if the case goes to court, a lawyer provides essential representation, ensuring that the court considers the job loss fairly and that any resulting orders are equitable.

Contact a Bergen County Divorce Lawyer at Torchin Martel Orr LLC for a Confidential Consultation

If job loss has contributed to your divorce or you lost your source of income during the proceedings, we will help you today. Contact an experienced Bergen County divorce lawyer at Torchin Martel Orr LLC. Call us at 201-971-4866 or contact us online for a consultation. Located in Paramus, New Jersey, we serve clients in Bergen County, Morris County, Essex County, Hudson County, and the surrounding towns in northern New Jersey.

If you and your spouse are considering ending your marriage, there are several options. While divorce is certainly one option to pursue, other methods may be more suitable based on your unique circumstances and if you have specific grounds for terminating your marriage. Separation and annulment are similar in that they are both alternatives to getting a divorce. However, if you are considering these options, it is important to understand some of the main differences between them and how they differ from a divorce.

What Is a Separation?

Unlike a divorce or an annulment, a separation does not legally end your marriage. If you and your spouse are having marital problems, but you are not sure whether you are ready to proceed with a divorce, you may want to consider a separation. Depending on whether you have any intention of reconciling or you are sure that the marriage is over but you have specific reasons for not pursuing a divorce, you can seek the following separation options:

• Trial separation: A trial separation is an option if you are considering ending your marriage but want to take some time to think about the issues that have caused problems in your relationship and whether the marriage is salvageable or beyond repair. This gives you time to consider your decision and finances, property distribution, and custody.
• Living apart: With this option, you and your spouse no longer live under the same roof, although you are not legally separated. Remember that this could impact your property rights if you are the spouse who moved out of the marital home.
• Permanent separation: If you are pursuing a permanent separation, you and your spouse live apart and have no intention of reconciling. This option also allows you to keep your assets and debts to yourself, although any assets accrued after your date of separation will only belong to the person who accrued them.
• Legal separation: If you opt for a legal separation, you will no longer be considered married, but you are not legally divorced, which means you cannot remarry. Like a divorce, the court order will include all the separation details. You and your spouse will negotiate custody agreements, spousal support, and the distribution of marital property or allow the court to make those decisions if you cannot reach an agreement.

Why Should I Consider a Separation Over a Divorce?

Even if you and your spouse want to end your marriage legally, the following are some of the most common reasons why couples opt for a separation instead of a divorce:

• To continue filing taxes jointly.
• Religious reasons.
• To keep existing health insurance.
• The belief that it is in the children’s best interests.

What Is an Annulment?

A divorce terminates a marriage, and an annulment is a legal determination that the marriage never happened. However, like a divorce, an annulment allows both parties to remarry or enter into a domestic partnership with another person. An annulment is an option for people whose religion disapproves of divorce, prohibits individuals from remarrying after divorce, or will not allow people who have been divorced to get remarried in the church. In New Jersey, there are limited circumstances in which annulments are granted:

• Incest: If both parties are too closely related by blood, the marriage may be annulled.
• Duress: If the marriage was forced under the threat of violence against you or someone else, this is a basis for an annulment.
• Underage: You must be 18 or older to get married in New Jersey.
• Impotence: If a spouse intentionally conceals inability to consummate the marriage, is impotent, or is unable to have children, this is grounds for an annulment
• Lack of capacity: If a party lacks the mental ability to consent to the marriage, either due to a mental illness or impairment from an intoxicating substance, this may justify an annulment.
• Fraud or misrepresentation: If either spouse has been deceitful about information that would impact the marriage, this will likely justify an annulment. Examples include the intent to marry for immigration status, entering a marriage after becoming pregnant by another man or failing to disclose a serious substance abuse problem.

Does an Annulment Impact Alimony, Child Support, or Equitable Distribution?

Since an annulment nullifies the marriage as if it never occurred, there is no equitable distribution of assets in an annulment proceeding in New Jersey. That means that the court will not divide property that was acquired over the course of the marriage. The property will remain in the possession of whoever’s name is on the title. The court will divide the property if the marital home is jointly owned. However, an annulment proceeding may award child support, custody, visitation, and spousal support. A highly skilled divorce lawyer will assist you with this process, address any questions or concerns about the best legal course of action, and help you reach the best possible settlement outcome.

Our Paramus Divorce Lawyers at Torchin Martel Orr LLC Represent Clients Who Wish to End Their Marriage

If you and your spouse are seeking a divorce or an annulment, do not hesitate to contact our Paramus divorce lawyers at Torchin Martel Orr LLC. We understand how difficult this process can be, particularly if you have children and other complex issues that need to be resolved. Our dedicated legal team will thoroughly explain the legal options available to you. To schedule a confidential consultation, call 201-971-4866 or contact us online. Located in Paramus, New Jersey, we serve clients in Bergen County, Morris County, Essex County, Hudson County, and the surrounding towns in northern New Jersey.

A range of issues need to be resolved during the divorce process, including complex custody matters, spousal support, and the division of marital property. This can be a complicated process under the best of circumstances. However, unique challenges are associated with dividing marital assets when you and your spouse own a business. If you and your spouse are going through a divorce and have questions or concerns about how the divorce will impact your family business, contact an experienced lawyer.

Is a Family Business Separate or Community Property?

The first step in determining how a family business will be divided in a divorce is to understand how the business is classified. For example, marital property is an asset or debt that is accumulated over the course of a marriage. This generally includes the marital home, bank accounts, pensions, and retirement benefits. If you and your spouse started the business together after you got married, the business will also be considered marital property.

New Jersey is an equitable distribution state, which means that marital property is divided in a manner that the courts deem fair, as opposed to an automatic 50/50 split. The court will consider a range of factors when determining how to divide the family business, including the role that both you and your spouse played in acquiring, building, and running the business, as well as the contributions that each spouse has made to the day-to-day responsibilities of managing the home and family.

However, if the business is considered separate property, it is not subject to equitable property division. A business may be considered separate property if you or your spouse established or acquired the company before getting married. A judge may also rule that the business is separate property if a prenuptial agreement clearly states that the company will continue to belong to one spouse. Depending on a range of factors, including whether both spouses contribute to the business over the course of the marriage and how the spouse who owns the business was paid, the entire business may not be considered separate property, in which case the other spouse may be entitled to a percentage of those assets.

What Are the Options for Dividing a Business in a Divorce?

If the business is considered marital property, there are generally three ways that the business may be divided, including:

• One spouse buys out the other spouse. In most cases, the spouse who is more involved in the company’s day-to-day management will buy out the other spouse, assuming this is financially feasible. This allows the spouse who will continue running the business to do so without interference from the other spouse.
• Continue to co-own the business. This option typically only works when the divorce is amicable, and both parties can continue to work together despite their marriage not working out.
• Sell the business. Before making this decision, a certified public accountant or other financial professional will determine the value of the business. They will look at tangible property, which includes buildings, equipment, and cash in the bank; intangible property, which is how customers and potential customers view the business; and liabilities, which include rent, lines of credit, and other money owed. Once the value of the business has been determined, and both spouses understand the actual value of the business, they may decide to sell and split the proceeds.

Our Paramus Divorce Lawyers at Torchin Martel Orr LLC Help Clients With Complex Divorce Issues

If you are going through a divorce and own a business with your spouse, contacting our Paramus divorce lawyers at Torchin Martel Orr LLC is in your best interests. Call us today at 201-971-4866 or contact us online to schedule a consultation. Located in Paramus, New Jersey, we serve clients in Bergen, Passaic, Morris, Essex, and Hudson Counties, and northern New Jersey.

The divorce process can be a complicated experience, particularly if you have children. You and your spouse must resolve various issues, from spousal support and custody matters to the division of marital property. While you may experience a range of feelings, it is essential that you do not let your emotions get in the way of negotiating a fair settlement. Focusing on reaching a fair settlement makes you less likely to make mistakes that could hurt your financial security moving forward. An experienced divorce lawyer will help you make sure that you avoid common financial mistakes.

What Are the Most Common Financial Mistakes People Make During Divorce?

Often, if you are aware of common mistakes people make and the impact they can have on a divorce settlement, you are better able to avoid those mistakes and reach a fair settlement. You should avoid the following mistakes:

• Not understanding your marital finances. If your spouse generally pays the bills each month, you may not know how much of your monthly income is spent on things like your mortgage, car payments, utilities, and other monthly expenses. Ensure you can access passwords for all joint accounts and familiarize yourself with your financial status.
• Underestimating expenses. If you do not thoroughly understand your income and expenses, your spouse may take advantage of you during the divorce. You must review your current expenses and calculate your expected future expenses, taking inflation into account.
• Failing to consider tax implications. If you or your spouse plans to liquidate 401(k) plans or other investments, acquire property through the divorce, or sell the marital home, there will be tax implications. In addition, effective 2018, the spouse paying alimony is no longer eligible for a tax deduction. Your divorce lawyer can explain these complex tax issues or refer you to an accountant with experience with specific tax-related matters.
• Making important decisions based on emotions. Often, one spouse feels strongly about keeping the marital home for sentimental reasons without considering whether they can afford the mortgage payments, the costs of maintaining the house, and paying for any major repairs that need to be done.
• Assuming that the marital property will be split evenly. New Jersey is an equitable distribution state, meaning that marital property is divided in a manner that the court deems fair rather than an automatic 50/50 split. Your divorce lawyer will protect your legal and financial rights and negotiate the best possible settlement outcome.
• Failing to create a post-divorce budget. It is important to understand the financial impact of divorce on both spouses and that the income that supports one household must now support two. When preparing a realistic post-divorce budget, consider your housing costs, expenses for food, health insurance, transportation, children’s activities, tuition, entertainment, and any debts you have accumulated.

Our Paramus Divorce Lawyers at Torchin Martel Orr LLC Help Clients Avoid Financial Mistakes

If you and your spouse are getting a divorce, do not hesitate to contact our Paramus divorce lawyers at Torchin Martel Orr LLC. We will help you navigate every step of the divorce process and negotiate a settlement that protects your assets and financial future. To schedule a confidential consultation, call 201-971-4866 or complete our online form. Located in Paramus, New Jersey, we serve clients in Bergen, Passaic, Morris, Essex, and Hudson Counties, and northern New Jersey.

If you are contemplating divorce, you may have a growing list of questions about what is involved in the process, including how much it will cost, how long it will take to finalize, and who will have custody of your children. It is a major decision that will impact your whole family. Whether you have decided to proceed with a divorce or are still considering the pros and cons of trying to make the marriage work, it is never too early to get some sound legal advice from an experienced divorce lawyer. Taking this step does not mean that you have decided to get a divorce. However, it will give you some clarity that will help you determine how you want to proceed.

What Are the Benefits of Hiring a Divorce Lawyer Before Filing?

It is a common misconception that hiring a divorce lawyer means that you have decided to file for divorce. However, working with a divorce lawyer early on will help you make the right decision, whether proceeding with a divorce or trying to address your issues and save your marriage. A lawyer will help you consider your options by providing the following legal advice:

• Discuss the divorce law basics. You may have questions about the difference between divorce and separation, how issues like alimony, child support, and property division will be resolved, and the steps involved in the divorce process. Your divorce lawyer will address all of your questions and concerns so that you will better understand the process and make a more informed decision.
• Explain the divorce timeline. One of clients’ most common questions is how long the divorce process will take. Understanding the timeline and how long each step of the process will likely take will help you decide whether to proceed with a divorce or focus on what brought you together in the first place.
• Discuss the different divorce options. Depending on the nature of your divorce, several alternative dispute resolution (ADR) methods will be available, including collaborative divorce and mediation. If your relationship has become contentious, you may anticipate a high-conflict divorce, which will likely be more time-consuming and expensive.
• Pre-divorce planning. A customized pre-divorce plan will ensure that you have a plan if you decide to divorce. Creating a pre-divorce plan has many benefits, including gathering critical legal documents, considering the best strategy for determining how and when to tell your spouse, and preparing the documents so that the necessary documents are ready if you decide to begin the process officially.

There are certain situations where it is in your best interest to hire a divorce lawyer before you officially file for divorce, including:

• Your spouse has engaged in violent or abusive behavior towards you or your children.
• You believe your spouse is lying or vindictive about essential issues.
• There are complicated property or financial matters.
• Your spouse has already hired a divorce lawyer.

Our Skilled Paramus Divorce Lawyers at TMO Law LLC Assist Clients at Every Stage of the Process

If you are considering getting a divorce but are still determining whether it is the right decision, contact our Paramus divorce lawyers at TMO Law LLC. We will address your questions and concerns. If you intend to file for divorce, we will protect your legal rights and pursue the best possible settlement outcome. To schedule a confidential consultation, call us today at 201-971-4866 or complete our online form. Located in Paramus, New Jersey, we serve clients in Bergen, Passaic, Morris, Essex, and Hudson Counties, and northern New Jersey.

If you and your spouse are getting a divorce, you may wonder how long the process will take, how expensive it will be, and how you will resolve complex issues. Depending on the circumstances of your divorce and the issues that need to be resolved, the divorce process can take anywhere from several months to several years, and the legal fees will vary significantly.

If you and your spouse can agree on all key issues, you may seek an uncontested divorce, which is generally much less expensive and time-consuming than a contested divorce. Regardless of the type of divorce that you pursue, it is highly recommended that you contact an experienced lawyer who can help you navigate the process and negotiate the best possible settlement outcome.

What Is an Uncontested Divorce?

Most couples prefer an uncontested divorce since it is typically less expensive, time-consuming, and contentious. If you can resolve the key issues productively and respectfully, you may reach a mutually agreeable divorce settlement.

The process of an uncontested divorce generally involves the following:

• One spouse hires a divorce lawyer to draft the documents.
• Both spouses review the document and agree to all terms, including custody, child support, spousal support, and the division of assets and debts.
• Mediation may occur.
• A judge reviews the documents. If the judge approves the terms, they will sign the document.
• Once approved, the final divorce decree is entered.

What Is a Contested Divorce?

Unfortunately, not all couples can agree on many issues that need to be resolved, in which case a judge must make the final decision. Several steps are involved in a contested divorce, making the process much more time-consuming and costly. The steps involved in a contested divorce may include the following:

• Prepare and file the divorce documents.
• The served spouse has 20 days to respond to the documents.
• A case management conference (CMC) is scheduled, likely occurring approximately 90 days after the documents are filed.
• Discovery is opened, where both divorce lawyers gather and present evidence for the trial. Both sides’ lawyers can request documents and hold depositions.
• The case proceeds to a trial.
• The judge makes a final ruling and enters a final decree.

Even uncontested divorces can be complex, so having an experienced divorce lawyer on your side is in your best interest. It is essential to have legal representation in a contested divorce since they are much more complicated and potentially contentious. A dedicated divorce lawyer will protect your legal rights, from filing the documents to representing you in court.

Our Skilled Paramus Divorce Lawyers at TMO Law LLC Help Clients Navigate the Divorce Process

If you and your spouse are getting a divorce, do not hesitate to contact our Paramus divorce lawyers at TMO Law LLC. Whether you are pursuing a contested or uncontested divorce, our dedicated legal team will help. To schedule a confidential consultation, call 201-971-4866 or contact us online. Located in Paramus, New Jersey, we serve clients in Bergen, Passaic, Morris, Essex, and Hudson counties, and northern New Jersey.