Navigating Contested Divorce in New Jersey: Your Path Forward

Dealing with a contested divorce in New Jersey can feel overwhelming, like being caught in a relentless storm. The emotional toll, coupled with the legal intricacies, often leaves individuals feeling lost and uncertain about their future. But you don’t have to face this alone. At Law Offices of SRIS, P.C., we’re here to guide you through every step, providing clear, empathetic counsel to help you find your footing and move towards a brighter tomorrow.

A contested divorce happens when spouses can’t agree on one or more critical issues related to ending their marriage. This could be anything from how assets are divided to who gets custody of the kids or whether one spouse will pay alimony to the other. Unlike an uncontested divorce where both parties reach an agreement outside of court, a contested divorce typically means the courts will need to step in and make decisions.

As of October 2025, the following information applies to contested divorce proceedings in New Jersey.

Grounds for Divorce in New Jersey

In New Jersey, you can file for divorce based on either “fault” or “no-fault” grounds. No-fault divorces are more common because they often simplify the process by removing the need to prove marital misconduct. However, understanding both options is crucial for your case.

No-Fault Grounds: Irreconcilable Differences

The most frequent ground for divorce in New Jersey is “irreconcilable differences.” This means you and your spouse have experienced issues that have caused the breakdown of your marriage for at least six months, and there’s no reasonable prospect of reconciliation. It’s a straightforward approach that avoids assigning blame, focusing instead on the marital relationship’s irreparable breakdown.

Fault-Based Grounds: When Misconduct Matters

While less common, New Jersey also permits fault-based divorces. These grounds can include:

• Adultery
• Desertion (for 12 or more consecutive months)
• Extreme cruelty (physical or mental abuse)
• Voluntarily induced addiction or habitual drunkenness (for 12 or more consecutive months)
• Imprisonment (for 18 or more consecutive months)
• Institutionalization for mental illness (for 24 or more consecutive months)

Choosing a fault-based divorce can impact specific aspects of your case, such as alimony. It’s important to discuss the implications of pursuing fault-based grounds with experienced legal counsel.

The Contested Divorce Process: What to Expect

The journey through a contested divorce in New Jersey generally follows a series of structured steps:

1. Filing the Complaint for Divorce

The process begins when one spouse (the plaintiff) files a Complaint for Divorce with the Superior Court of New Jersey, Chancery Division, Family Part. This document outlines the grounds for divorce, identifies the parties, and states the relief sought (e.g., child custody, support, equitable distribution). After filing, the complaint must be formally served on the other spouse (the defendant).

2. The Defendant’s Response: Answering the Complaint

Once served, the defendant has a limited time (usually 35 days) to file an Answer to the Complaint. The Answer will either admit or deny the allegations in the complaint and may also include a Counterclaim for Divorce, outlining their own grounds and requests for relief. If the defendant fails to respond, the court may enter a default judgment against them, potentially granting the plaintiff’s requests without further input from the defendant.

3. Discovery: Gathering Information

This is a crucial stage where both parties exchange financial and other relevant information. Discovery can involve:

• Interrogatories: Written questions that must be answered under oath.
• Requests for Production of Documents: Demands for financial statements, tax returns, pay stubs, deeds, titles, and other relevant records.
• Depositions: Sworn oral testimony taken outside of court.
• Subpoenas: Court orders compelling third parties (like banks or employers) to provide information.

The goal is to ensure both parties have a complete picture of the marital estate and other pertinent facts to facilitate fair negotiations and court decisions. Blunt Truth: Hiding assets or income during discovery is a grave mistake that can severely harm your case and lead to serious penalties. Full transparency is always the best strategy.

4. Early Settlement Panel (ESP) or Mediation

New Jersey courts typically require parties in a contested divorce to participate in an Early Settlement Panel (ESP) or mediation. These are designed to encourage settlement outside of a full trial:

• Early Settlement Panel: A panel of experienced family law attorneys (often volunteers) will review the case facts and provide non-binding recommendations for settlement.
• Mediation: A neutral third party (a mediator) facilitates discussions between the spouses, helping them identify common ground and reach mutually acceptable solutions.

Many contested divorces are resolved at this stage, saving both parties significant time, stress, and legal fees. Our firm is dedicated to exploring all avenues for amicable resolution, but we’re always prepared to litigate vigorously if necessary.

5. Intensive Settlement Conference (ISC) or Judicial Settlement Conference (JSC)

If the ESP or mediation doesn’t result in a full settlement, the court may schedule an Intensive Settlement Conference (ISC) or Judicial Settlement Conference (JSC). These are more structured settlement discussions, often involving the judge, designed to narrow the issues and further promote agreement. The judge may offer their perspective on how a court might rule on certain issues, which can often encourage settlement.

6. Economic Mediation or Custody/Parenting Time Mediation

For specific unresolved issues, such as financial disputes or child custody, the court might order specialized mediation. Economic mediation focuses solely on financial matters, while custody/parenting time mediation helps parents create a parenting plan that prioritizes their children’s best interests.

7. Trial: When No Agreement Can Be Reached

If all settlement efforts fail, the case proceeds to trial. During a divorce trial, both parties present their arguments, evidence, and witness testimony to the judge. The judge will then make final decisions on all outstanding issues, including property division, alimony, child custody, and child support. This can be a lengthy and emotionally draining process, emphasizing the importance of diligent preparation and effective legal representation. “I find my background in accounting and information management provides a unique advantage when handling the intricate financial and technological aspects inherent in many modern legal cases,” says Mr. Sris. This perspective underscores the value of having comprehensive support for complex financial issues at trial.

Key Issues in a New Jersey Contested Divorce

Several critical areas must be addressed in a contested divorce. Understanding these elements will help you prepare for the process ahead.

Equitable Distribution of Marital Assets and Debts

New Jersey is an “equitable distribution” state. This doesn’t necessarily mean an equal (50/50) split, but rather a fair distribution of marital assets and debts. The court considers various factors when determining what’s equitable, including:

• The duration of the marriage
• The age and health of each spouse
• The income and earning capacity of each spouse
• Any prenuptial or postnuptial agreements
• The contributions of each spouse to the acquisition of marital property (including non-financial contributions like homemaking and childcare)
• The tax consequences of the proposed distribution

It’s important to remember that only assets and debts acquired during the marriage are subject to equitable distribution. Separate property, acquired before the marriage or through inheritance/gift, is typically excluded.

Child Custody and Parenting Time

When children are involved, custody and parenting time arrangements become paramount. New Jersey courts prioritize the “best interests of the child” when making these decisions. There are two main types of custody:

• Legal Custody: Refers to a parent’s right to make important decisions about their child’s upbringing, such as education, healthcare, and religious instruction. Joint legal custody is very common.
• Physical Custody (Residential Custody): Determines where the child primarily lives. This can be sole (one parent has the child most of the time) or joint (parents share physical custody more equally). A detailed parenting time schedule is also established, outlining when each parent will have the children. Our seasoned attorneys advocate for parenting plans that serve the child’s well-being while protecting your parental rights.

Child Support

New Jersey uses specific Child Support Guidelines to calculate the amount of support one parent pays to the other. These guidelines consider factors such as the parents’ incomes, the number of children, and the parenting time schedule. The goal is to ensure children receive adequate financial support from both parents. “As someone deeply involved in the community, I believe it’s important to not only practice law but also to actively participate in shaping it,” says Mr. Sris. This commitment extends to ensuring fair outcomes for children in divorce cases.

Alimony (Spousal Support)

Alimony, or spousal support, may be awarded to one spouse after a divorce to help them maintain a lifestyle similar to what they enjoyed during the marriage. New Jersey law recognizes several types of alimony, and whether it’s awarded, and for how long, depends on various factors, including:

• The actual need and ability of the parties to pay
• The duration of the marriage
• The age, physical, and emotional health of the parties
• The standard of living established during the marriage
• The earning capacities, educational levels, vocational skills, and employability of the parties
• Parental responsibilities for the children

Alimony can be a highly contested issue, and our team is experienced in both negotiating fair agreements and litigating vigorously to protect your financial interests.

The Role of a Contested Divorce Lawyer in New Jersey

Having experienced legal counsel by your side is absolutely essential in a contested divorce. Your attorney will:

• Explain Your Rights and Options: Providing clear, direct advice tailored to your unique situation.
• Navigate Complex Legal Procedures: Ensuring all filings are correct and deadlines are met.
• Gather and Analyze Evidence: Meticulously preparing your case for negotiations or trial.
• Negotiate on Your Behalf: Advocating for your best interests in settlement discussions, including mediation and Early Settlement Panels.
• Represent You in Court: Presenting a strong case to the judge if a settlement can’t be reached.

“My focus since founding the firm in 1997 has always been directed towards personally handling the most challenging and complex criminal and family law matters our clients face,” states Mr. Sris. This dedication highlights the commitment to providing robust representation in even the most difficult divorce cases.

Protecting Your Future During a Contested Divorce

A contested divorce can feel like a battle, but with the right legal strategy and support, you can emerge ready to rebuild your life. Our knowledgeable family law attorneys in New Jersey are dedicated to protecting your rights, your assets, and your children’s well-being throughout this challenging time. We’ll work tirelessly to ensure a fair resolution, allowing you to move forward with confidence.

Contact Us for a Confidential Case Review

If you’re facing a contested divorce in New Jersey, don’t delay seeking legal advice. Contact Law Offices of SRIS, P.C. today for a confidential case review. Our team at Law Offices of SRIS, P.C. has locations in Flanders, New Jersey, and is ready to discuss your specific situation and outline a strategic plan to protect your interests. Call us at +1-609-983-0003.

Past results do not predict future outcomes.

Frequently Asked Questions

What’s the difference between a contested and uncontested divorce in New Jersey?

An uncontested divorce means both spouses agree on all terms, usually leading to a quicker process. A contested divorce arises when spouses can’t agree on key issues like asset division, custody, or support, requiring court intervention. We can help you navigate either path, striving for the smoothest possible resolution.

How long does a contested divorce typically take in New Jersey?

The timeline for a contested divorce varies greatly depending on the complexity of issues and the willingness of both parties to compromise. It can range from several months to a few years. Our priority is to work efficiently while protecting your rights every step of the way.

Will I have to go to court for a contested divorce in New Jersey?

Not necessarily for every step. While a contested divorce involves court processes, many cases are resolved through mediation, Early Settlement Panels, or other conferences before reaching a full trial. We’ll always aim for the most favorable and least adversarial resolution for you.

How is marital property divided in a New Jersey contested divorce?

New Jersey follows equitable distribution, meaning marital assets and debts are divided fairly, though not always equally. The court considers various factors like marriage length, each spouse’s contributions, and financial circumstances to determine a just outcome. We’ll advocate fiercely for your fair share.

What factors influence child custody decisions in New Jersey?

New Jersey courts prioritize the child’s best interests. They consider factors like parental fitness, the child’s preference (if mature enough), stability, and the ability of each parent to provide for the child’s needs. We’ll help you craft a parenting plan focused on your children’s well-being.

Can I receive alimony in a contested divorce in New Jersey?

Alimony (spousal support) may be awarded in a New Jersey contested divorce based on factors like the length of your marriage, your financial needs, and your spouse’s ability to pay. Our team can assess your eligibility and fight for a fair alimony arrangement.

What if my spouse hides assets during our New Jersey divorce?

Hiding assets during a divorce is illegal and can lead to severe penalties from the court. Our experienced attorneys are adept at uncovering undisclosed assets through thorough discovery and forensic investigation to ensure equitable distribution.

Are prenuptial agreements enforceable in New Jersey contested divorces?

Yes, generally prenuptial agreements are enforceable in New Jersey if they were entered into fairly and with full disclosure. They can significantly impact the outcome of a contested divorce, particularly regarding asset division. We’ll review your agreement and advise on its implications.

What happens if we can’t agree on child custody or support in New Jersey?

If you and your spouse cannot agree, the New Jersey court will make the final decisions on child custody and support, always prioritizing the child’s best interests. The court uses specific guidelines for child support and considers multiple factors for custody.

How can a contested divorce lawyer in New Jersey help me?

A knowledgeable contested divorce lawyer can clarify your rights, gather crucial evidence, negotiate on your behalf, and represent you vigorously in court. We aim to protect your interests, navigate legal complexities, and help you achieve a stable future.

What are the common challenges in a New Jersey contested divorce?

Common challenges include emotional stress, complex financial disputes, disagreements over child custody, and lengthy legal processes. Having dedicated legal counsel helps mitigate these challenges and ensures your voice is heard effectively.

Can domestic violence impact a contested divorce in New Jersey?

Yes, allegations or findings of domestic violence can significantly impact child custody, parenting time, and even the equitable distribution of assets in a New Jersey divorce. The court prioritizes the safety and well-being of all parties involved.