Just like marriage, divorce also involves an agreement between couples. According to USA Today, almost half of the married people in USA divorce. However, most of these divorce cases involve highly contesting parties. Divorce is a contiguous process and can get hard even when both parties involved agree to goes through with it.
However, when one party is contesting it, the process becomes even more complicated, lengthy, and costly. The partner who does not want a divorce may also refuse to sign the papers. They refuse to comply with the process and sometimes may not attend summons altogether.
According to New Jersey courts, couples can file for a divorce without proving the fault of their partner. There is no need to determine the case of adultery, battery, or abuse. All they have to is to show that they have irreconcilable differences.
When this happens, the spouse will not be able to contest the divorce. They can, however, challenge the terms of the divorce settlement, such as property division and issues involving children.
A spouse can also file for what is called legal terms of fault. By doing this, they must prove that the spouse was at fault hence prompting the divorce. It can prompt better asset division in favor of the person filing the divorce.
For legal terms of fault to succeed, the claimant must prove by showing evidence of the failure in court. The spouse also has the right to contest the mistake, which makes things even more complicated. The person filing for the divorce may fail to get the divorce if the evidence is not sufficient.