What does it mean when a divorce is not contested?

What does it mean when a divorce is not contested?

An uncontested divorce is a divorce decree that neither party is fighting. When both parties in a married couple agree to divorce, filing for an uncontested divorce can save time and money through streamlined court procedures. The couple must: Not have any financial disputes (such as child custody or alimony)

What happens if an uncontested divorce becomes contested?

A contested divorce can cause the divorce to enter into litigation because spouses will need to have decisions made for them by a judge. Since they are not able to decide on marital issues for their family, a judge will have to do so in court.

How long does it take for a divorce if one party doesn’t agree?

If you or your partner won’t agree to getting a divorce it’ll take more time and cost more money than if you both agree. If you agree on your divorce and the reasons why, getting a divorce legally finalised will usually take 4 to 6 months.

What happens if my spouse does not file for divorce?

If your spouse does not respond at all, you may be able to obtain a default divorce. In that case, the judge will likely side with you, granting the divorce based on your initial filing. If your spouse contests some or all of the provisions in your initial filing, your divorce is a contested divorce.

What should you not do in a contested divorce?

Don’t focus so much on the little things that you forget what’s important. In a contested divorce, you are likely to accumulate thousands of dollars in attorney’s fees because your lawyer must spend an enormous amount of time preparing the case and filing paperwork.

Can a judge allow an uncontested divorce?

In some jurisdictions, if the spouse did not contest the divorce or any particular issue in their response, the judge may allow you to proceed with an uncontested divorce. In this scenario, you and your spouse will be assigned a court date.

Who is serving the other spouse with divorce papers?

In a divorce situation, serving the other spouse with the divorce papers means that the other spouse is notified that their spouse has filed for divorce and given a chance to appear. The person serving the papers can be a private process server or sheriff.

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