Q: In New Jersey, can a contested divorce become an uncontested divorce once the attorneys withdraw from the case?
The divorce was filed pro-se. We thought it was going to be uncomplicated. It became complicated. We both hired attorneys. Now both attorneys are off the case. We have been through everything including different judgements for anything ranging from child support to parenting schedule and spousal support. The divorce is truly at it's end with an agreement in place. We just need to finish it.
A:
You may not like my answer, but the fact of the matter is you are both emotionally involved in this and neither one of you are trained attorneys. Despite what you think there is a lot that could go wrong. To try to explain everything in this forum would take far too long to type. With modern technology, you can be represented by any high-quality
attorney in New Jersey irrespective of geography.
1 user found this answer helpful
A:
You are mixing apples with zebras.
The cause of action for divorce ( reflected in the complaint for divorce that gives you the docket number in the court system) can be based on fault or it can be based on irreconcilable differences, but the cause of action for divorce has nothing to do with the issues of child support, parenting time, distribution of assets, etc and the cause of action has nothing to do with whether you need lawyers or how long you will be in the court system.
As soon as you have a signed settlement agreement resolving ALL issues outstanding, your matter then becomes uncontested, and a judge can then schedule an uncontested hearing date to put through an uncontested divorce.
1 user found this answer helpful
A: No divorce case ever becomes uncontested because the attorneys are no longer involved. You are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you could get slaughtered (figuratively speaking). You are also emotionally involved in this case. You really need to retain an experienced divorce attorney or it will be a very serious mistake. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
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