Many clients think they have an uncontested divorce, but they may not.
I have seen clients attempt to fill out the uncontested divorce papers and speak with their spouse about the issues, only to find that they've made errors and the courts will not process them, or the matter turns contested and the parties must appear in court to discuss issues.An uncontested divorce may be a divorce granted on default, because the other side has failed to answer it, or contest it. It may also be based on the consent of the parties. Typically, parties that have mediated their disputes or negotiated all the issues prior to filing for divorce, can seek a divorce this way. Couples with few issues may find the other side will agree to go forward with an uncontested divorce.
Where there are children, a divorce will typically involve custody and visitation agreements and arrangements, as well as financial issues, such as child support and equitable distribution, the division of property and debts. The courts will not approve an uncontested divorce that does not provide for child support for the children of the marriage. Couples without children may negotiate a division of their property or decide issues of support between them. If the papers are silent on this, there may not be another bite at the apple.
That’s why you should have the advice or services of a lawyer for the uncontested divorce process.
The uncontested divorce must address these issues and give the other side clear notice of the desired outcome. If there are any issues that the other side wants to (or does) contest, the divorce is not truly uncontested. Though the issues can likely be settled, the divorce will not be granted on the papers or without the court’s input.Where there is absolutely no response to the divorce or the spouse signs a waiver indicating he or she does not intend to contest, and the spouse has been apprised of all the issues, the court will grant the divorce once the divorcing spouse moves it forward. Some courts require a court appearance for this last court date, and some do not. Regardless, the papers require a good deal of scrutiny so speak to a lawyer if you want to move forward or are served with papers.