New clients regularly tell me that they want an "uncontested divorce." That sounds simple enough. But what exactly does an uncontested divorce mean in New Jersey?
Generally, an uncontested divorce means that you and your spouse agree that the marriage should end and have resolved the issues that need to be addressed before the divorce can be finalized. There isn't anything left for a judge to decide at a trial.
That doesn't necessarily mean you agreed about everything from the beginning.
What Makes a Divorce Uncontested?
A divorce can involve a lot more than simply ending the marriage. Depending upon your circumstances, you may need to resolve issues involving the house, bank and investment accounts, retirement assets, debts, alimony, child custody, parenting time, child support, college expenses, insurance, and other financial or family matters.
If you and your spouse disagree about one or more of those issues and need the court to decide them, your case is contested. If you've resolved the issues and agreed upon the terms of your divorce, the case can proceed toward an uncontested final judgment.
That's an important distinction because a divorce doesn't necessarily have to start uncontested in order to end uncontested.
Most Cases Can Become Uncontested
A couple might begin a divorce disagreeing about virtually everything. One spouse wants to keep the house. The other wants it sold. They disagree about alimony. They haven't resolved custody or parenting time. They disagree about retirement accounts or other assets. That's a contested divorce.
But then negotiations begin. Maybe the attorneys negotiate directly. Maybe the parties attend mediation. Maybe financial information is exchanged and both sides begin to understand what a reasonable settlement might look like. Little by little, the issues get resolved.
Once you've reached an agreement on everything necessary to resolve the case, what began as a highly contested divorce can become an uncontested divorce.
The Matrimonial Settlement Agreement Is Important
When the parties settle their issues, the terms are commonly put into a written Matrimonial Settlement Agreement, sometimes called an MSA or Property Settlement Agreement. This is an extremely important document.
Depending upon your case, the agreement may address how property will be divided, whether alimony will be paid, how retirement accounts will be handled, who will be responsible for particular debts, custody and parenting time, child support, insurance obligations, college expenses, and many other issues affecting your financial and family life after divorce.
Before you sign it, you should understand what it says and what obligations you're accepting. The fact that your divorce is uncontested doesn't make the agreement unimportant. In many cases, that agreement will govern significant parts of your life for years after the divorce is over.
Do You Have to Go to Court?
Not necessarily.
Years ago, an uncontested divorce ordinarily involved the spouses and their attorneys appearing before a Family Court judge for a relatively short hearing. The parties would confirm that they understood their settlement, entered into it voluntarily, and wanted the court to grant the divorce.
New Jersey now has a procedure that allows qualifying uncontested divorces to be finalized without a personal court appearance, sometimes referred to as a "divorce on the papers."
Both parties must agree to proceed that way and submit the required documents. If the paperwork is complete and the judge is satisfied with the submission, the court can enter the Final Judgment of Divorce without requiring everyone to appear.
A judge still has the discretion to require an appearance when appropriate, so you shouldn't assume that every uncontested divorce will automatically be finalized without one.
What If We Agree to Divorce but Disagree About Money or Custody?
Then your divorce isn't fully uncontested yet.
Agreeing that the marriage should end is different from agreeing on the terms of the divorce. If you still have unresolved disputes about alimony, property, custody, parenting time, child support, or another issue requiring the court's involvement, there is still something to resolve before you have a completely settled case.
That doesn't necessarily mean you're headed for trial.
Many cases that begin with substantial disagreements are eventually resolved through negotiation or mediation. In fact, reaching an agreement gives you and your spouse much more control over the outcome than turning those decisions over to a judge who doesn't know your family nearly as well as you do.
Uncontested Doesn't Mean Unimportant
People sometimes hear "uncontested divorce" and assume that means there's nothing to worry about. That's not how I look at it.
You may not be fighting in court, but you may still be making decisions about your home, retirement savings, support obligations, children, and financial future. Those decisions can affect you for years.
Getting the divorce itself may ultimately be relatively straightforward once everything is resolved. Getting to an agreement that you understand and can live with is the important part.
If you're considering divorce in New Jersey and want to understand the decisions you'll need to make before your case can be resolved, my free Divorce Smarter Course explains the process in straightforward terms so you can better understand what comes next.
Until next time,
Steve