Contested Divorce

Edison Contested Divorce Attorney

divorce-thumbGuiding NJ clients through contested divorce cases

When a couple cannot agree to terms of a divorce or the grounds that the divorce is based upon, the divorce will be considered “contested.” These couples often find themselves in a court case, sometimes based on one or two issues. You could face a contested case even before addressing the relevant topics of the marriage. Most people choose “no-fault” grounds to avoid contested grounds. Most contested cases are based on one or more of the same issues, including alimony, property distribution, child support, and child custody. These topics can easily lead a couple to a court battle that can impact the whole family. The Law Office of Omar K. Qadeer, PC appreciates the hardship you can face when looking at divorce. If you need quality legal services regarding your divorce matter, contact our office for a consultation.

How property distribution leads to contested divorces

The division of assets is one of the most contested issues of a divorce. Couples often disagree with how their assets should be distributed. One may consider their contribution to the family to be greater than the other and often believe that they should keep a bigger piece of the pie. When a couple cannot agree outside of court on how to divide their belongings, they could face a judge that will decide on the matter. NJ is an equitable distribution state and will allocate assets how they deem “fair and just.”

How spousal support leads to a contested divorce

Out of all the issues that can be contested, alimony, known in NJ as spousal support, can easily lead to litigation. One party often believes that they are entitled to a certain support structure because of their contribution to the home life while the other believes that they should be able to keep more money because they contributed more to the marriage financially. When a couple cannot agree to a fair support structure, they may have to allow a judge to decide on the matter. Through alimony reform in NJ, a party could be entitled to a variety of support structures, or none at all.

How child custody leads to a contested divorce

Out of all the issues that can lead to a contested divorce, child custody may be one of the hardest issues for a couple to agree to. Parents have worked to establish a positive and continuing relationship with their child or children. Some may find it unbearable to face the idea that their child will no longer live with them every day. Parent need to address residential and legal custody. When one parent has been a larger part of a child’s life because the other spent more time working to support the family, they might feel entitled to residential custody. Stay-at-home parents sometimes believe that they should have more rights to the child. It is important to note that parents have equal rights in child custody cases. This topic leads couples to a court case where a judge will decide on the matter for them with little knowledge of their circumstances.

How child support leads to a contested divorce

Similar to child custody, child support can easily lead a family to a contested court case. Depending on the situation, if one parent has residential or sole custody, the other may believe that they should not be responsible for supporting the child they hardly see. Both parents have an obligation to support their children and some parents cannot come to an amicable conclusion and this topic can easily become emotional.

Contact a Middlesex County divorce attorney

Divorce can be a complex and difficult topic. Even though the court would like couples to come to terms outside of court, they may not always be able. When a couple disagrees to factors related to their marriage, they could face a contested court case. When this occurs, it is important to contact an attorney that can effectively represent your interests. If you need quality legal services, contact the Law Office of Omar K. Qadeer, PC for an initial consultation.