Decades ago, the only way to get a divorce was to argue your partner had somehow wronged you and broken the marriage. Adultery, abandonment, desertion, incarceration, institutionalization, or extreme cruelty needed to be proven, or the courts would not grant a divorce.
Thankfully, times have now changed. If you want a divorce, no one can stop you from getting one. You may, however, still need or want to litigate your dispute.
The Dalena & Bosch team has successfully litigated many New Jersey family law disputes that other attorneys won’t touch, such as complex litigation that involves high net worth assets and bitter custody disputes. If you are worried your divorce is not going to be an easy one, we are here to help.
What Makes A Divorce Contested?
Very few couples can end a relationship without fighting over something. While some disputes can be resolved through negotiation, others cannot.
In a contested divorce, disagreements are resolved in open court by a judge. Both sides have an opportunity to present evidence and argue they deserve a greater share of the couple’s assets, primary custody of the children, or whatever it is the couple is fighting over. The judge decides what is fair, and issues a formal decision in order to resolve the case.
Common Reasons For Contested Divorce
There are many disagreements that lead to couples litigating their divorce.
The division of assets and ongoing spousal support payments, aka alimony, are always tough issues to resolve in an emotionally charged atmosphere. Our firm has worked with many clients who were struggling to divide up assets like vacation homes and retirement accounts. We have also worked with business owners to craft solutions that ensure that a business can continue to operate even though one or more owners may be getting divorced. We take special pride in the work we do to help couples divorce with dignity, and with a plan in place that fits their unique needs.
The most difficult fights are over child custody. One parent is usually awarded more parenting time than the other because that is easier on the children, but both parents usually want to be the primary caregiver. The courts attempt to determine what is in the best interest of the children, but that is often difficult since the judge is a stranger, and the children may not be old enough or responsible enough to discuss their preferences.
In order to help you make the case that you should be awarded primary custody, we focus on providing evidence that shows how much you care for, love, and support your children. We rarely recommend sharing evidence with the court that paints your partner in a bad light since that strategy can backfire.
Once custody disputes are resolved, arranging for child support payments is the next step. Whether you are the payor or the recipient of child support, it is important to ensure that your child is the main beneficiary of any money that exchanges hands. It is also a good idea to look to the future and outline what sort of contributions both parents intend to make toward the child’s post-secondary education.
No matter what you and your spouse are fighting about, we can help you resolve your case and move forward with your life.
Focusing on the Future
Contested divorces can get ugly, so we always talk with our clients about what their goals are. We emphasize that “winning” the case means being able to move forward and live your best life because no court can award you happiness, or wave a magic wand and make your life the way it was before your relationship with your partner soured.
Holding Your Hand When You Need It Most
If you are ready to talk to an attorney about getting divorced, and you think you may be in for a fight, don’t hesitate to contact our office.
We are always here to support and guide our clients through the divorce process. That’s why our firm motto is “holding your hand when you need it most.” We will hold your hand — literally if that is what you need — before, during, and after your divorce.