A Simple Uncontested Divorce means where the party filing the Divorce is only asking for Divorce and no other relief from the Court. Procedural differences It’s helpful to seek guidance from an experienced family law attorney should the question, “What does uncontested divorce mean?” be raised by either party.
Another difference between contested and uncontested divorces is the extent to which the outcomes are appealable.
Often, when people call our office, they will state that the divorce is uncontested just because the parties agree that they both want a divorce. If, for example, you and your spouse hold joint title to real property or owe money jointly, or if your children have unusual parenting needs, resolving them in uncontested divorce may be awkward.. Of note, another common misconception about an uncontested divorce is that since we have a general idea about how to resolve an issue that means the matter is uncontested. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract. Uncontested Divorce. There are two types of divorce available in most states: contested and uncontested divorce.The time required to obtain a divorce, waiting periods between filing an initial petition and receiving a final divorce decree, separation prerequisites, residency requirements, legal costs, and court costs may vary by jurisdiction and which type of divorce is filed. For example in uncontested divorces, the parties are in agreement on all matters, and the court serves to approve their divorce agreement. While it is helpful to have general guidelines for how the parties desire to resolve a divorce, it is equally important to understand that the devil is in the details. The road to that agreement can be short or long. That means that legal fees will be much less expensive in an uncontested divorce than a contested divorce. An uncontested divorce is a divorce decree that neither party is fighting. Since in an uncontested divorce the parties both consent to the arrangement, the terms of the divorce are not appealable. No-fault divorce is a divorce in which the dissolution of a marriage does not require a showing of wrongdoing by either party.
When a law suit is not actively defended by the responding party it is referred to as uncontested. It is a simpler solution than any other type of divorce and something couples should strive for whenever possible. The first disadvantage of an uncontested divorce flows from its very simplicity. That means that legal fees will be much less expensive in an uncontested divorce than a contested divorce. Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. See more. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. When both parties in a married couple agree to divorce, filing for an uncontested divorce can save time and money through streamlined court procedures. What Does Uncontested Divorce Mean? When a divorce is ‘uncontested,’ this usually means that you and your spouse have agreed on everything such as parenting arrangements (custody and access or visitation), support issues, and division of property, pensions and debts. Another difference between contested and uncontested divorces is the extent to which the outcomes are appealable. Uncontested cases are faster, less stressful, and significantly less costly than contested cases. But not answering a complaint is no way to prevent a divorce from happening.