Paramus Contested Divorce Lawyers
A contested divorce is one of the most challenging and emotionally charged types of divorce. When spouses are unable to agree on crucial issues such as child custody, property division, spousal support, or other essential matters, a contested divorce may be inevitable. At Torchin Martel Orr LLC, we understand how overwhelming the process can be, and we are committed to providing legal support for individuals in Paramus, New Jersey, navigating a contested divorce.
Our experienced divorce lawyers handle complex, contentious divorces, offering guidance, representation, and aggressive advocacy to protect your rights and interests. Whether dealing with disagreements about property, finances, or your children’s well-being, we are here to help you navigate the legal complexities of a contested divorce in Paramus.
What Is a Contested Divorce?
In New Jersey, a contested divorce occurs when the spouses cannot reach an agreement on key aspects of the divorce settlement. This includes critical issues like:
- Child Custody: Disputes about physical and legal custody, visitation schedules, and parenting time.
- Child Support: Conflicts over the amount, frequency, or calculation of child support payments.
- Alimony: Disagreements regarding whether alimony should be paid, the amount, or the duration of payments.
- Property Division: Disputes over the division of assets, such as homes, bank accounts, retirement funds, and business interests.
- Debt Division: How marital debts will be distributed between the spouses.
In a contested divorce, both parties will present their positions in court. The judge will then make decisions on these contested issues if the spouses are unable to reach a compromise. This legal battle can be prolonged, costly, and emotionally taxing, but having experienced legal counsel by your side can make all the difference.
Why You Need an Experienced Contested Divorce Lawyer in Paramus
When faced with a contested divorce, it’s essential to have a knowledgeable and compassionate lawyer who can advocate for your rights while striving for a fair outcome. Our Paramus divorce lawyers bring years of experience in contested divorce cases, ensuring that your best interests are represented every step of the way. Here’s how we will help:
- Clear Legal Advice: We provide clear and honest legal advice tailored to your specific situation, helping you understand your options and the potential outcomes of your case.
- Protection of Your Rights: Whether it’s safeguarding your financial future or ensuring that your children’s best interests are prioritized, we work tirelessly to protect your rights.
- Aggressive Representation: We are not afraid to go to trial to fight for what you deserve. Our attorneys are skilled negotiators and litigators who know how to handle contested divorce cases in court.
- Emotional Support: Divorce can be a difficult and emotional process. We understand the stress and anxiety involved and offer a supportive and compassionate approach to help you through every stage of your divorce.
The Contested Divorce Process in Paramus
Navigating the contested divorce process can feel overwhelming, but understanding the key stages can help you feel more prepared. Here’s an overview of how a contested divorce typically proceeds in New Jersey:
- Filing for Divorce: The process begins when one spouse files a divorce complaint with the court. The filing spouse must serve the other party with divorce papers.
- Response: The non-filing spouse (defendant) has the opportunity to respond to the divorce complaint, either agreeing or disagreeing with the terms presented.
- Discovery: This phase involves gathering information from both parties. This includes financial records, property documents, and other evidence related to the contested issues.
- Negotiation: Prior to trial, the parties may engage in settlement discussions or mediation in an attempt to resolve the disputes outside of court.
- Trial: If an agreement is not reached, the case goes to trial. Both spouses present their cases, and a judge makes the final decision on contested issues.
- Final Judgment: The judge will issue a final judgment of divorce, which outlines the terms of the divorce, including custody arrangements, property division, and support orders.
Child Custody and Parenting Time
In a contested divorce, one of the most sensitive issues is child custody. If both parents disagree on custody arrangements, the court will determine what is in the child’s best interests. Factors such as the child’s relationship with each parent, their emotional needs, and each parent’s ability to care for the child will be considered. Our Paramus contested divorce lawyers will work diligently to ensure that your parental rights are upheld and that your child’s well-being is prioritized.
Property and Asset Division
New Jersey is an equitable distribution state, meaning that marital property is divided fairly but not necessarily equally. In a contested divorce, property division can be a significant point of contention. Our attorneys will fight for a fair distribution of assets, including real estate, retirement accounts, business interests, and personal property.
Spousal Support (Alimony)
Alimony may be awarded in a contested divorce based on factors such as the length of the marriage, the standard of living during the marriage, and each spouse’s financial needs and abilities. Disputes over alimony can significantly impact your financial future, and our legal team will work to ensure a just outcome.
Child Support
Child support is another critical issue in contested divorces. If you have children, determining the appropriate amount of child support can be contentious. We will advocate for a fair child support arrangement based on the child’s needs and both parents’ financial situations.
How Our Paramus Divorce Lawyers Will Help
If you are involved in a contested divorce in Paramus, having a skilled attorney by your side is essential. Here’s how we assist our clients:
- Case Evaluation: We begin with an in-depth evaluation of your case to understand your goals and priorities.
- Strategic Planning: We develop a tailored legal strategy focused on achieving your objectives, whether that’s securing custody, fighting for a fair property division, or negotiating a reasonable alimony agreement.
- Skilled Negotiation: We aim to resolve disputes through negotiation or mediation, saving you time and money while still working to secure a favorable outcome.
- Court Representation: If negotiations fail, we are prepared to take your case to court, offering representation during the trial and ensuring your interests are fully protected.
What Happens if My Spouse and I Cannot Agree on Divorce Terms?
If you cannot agree on divorce terms, your case will go to trial, and the court will make decisions regarding child custody, property division, and support. Having experienced lawyers on your side can make the process more manageable, ensuring that your concerns are addressed in court.
How Long Does a Contested Divorce Take in Paramus?
The timeline for a contested divorce varies, but it can take several months or even longer, depending on the complexity of the issues involved. If the case goes to trial, it may take more time as the court will need to review all evidence and hear from both parties before making a decision.
Can I Modify a Divorce Settlement Later?
It may be possible to modify certain aspects of a divorce settlement, such as child custody or spousal support, if there is a significant change in circumstances. However, modifications must be approved by the court, and the requesting party must demonstrate a valid reason for the change.
What if I Do Not Want to Go to Trial?
Many contested divorce cases can be settled through negotiation or mediation, which may avoid the need for a trial. Mediation can be less expensive and less stressful, allowing both parties to have more control over the outcome. Our lawyers can guide you through the mediation process to help you reach a mutually agreeable settlement.
Contact the Paramus Contested Divorce Lawyers at Torchin Martel Orr LLC
At Torchin Martel Orr LLC, we understand how difficult and emotionally taxing a contested divorce can be. Our Paramus divorce lawyers are committed to providing you with comprehensive legal support and representation. 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.