Many potential clients hope that their divorce will be uncontested as opposed to contested. After all, an uncontested divorce is less contentious, less expensive, and typically concludes within a much shorter time frame. However, an uncontested divorce requires that both spouses agree on every aspect of the divorce, including the division of any marital assets, the division of any marital debts, and alimony. Additionally, if minor children are involved, both spouses must agree on legal and physical custody of the minor children, parenting time, and child support. If there is any disagreement whatsoever regarding any aspect of the divorce, no matter how minor, the divorce is not considered to be uncontested. If a disagreement arises between spouses when considering divorce that cannot be resolved, the parties should seek the counsel of an experienced family law attorney. If the outstanding issues still cannot be resolved after seeking legal advice, it would be prudent for both spouses to seek their own respective legal counsel and consider moving forward with a contested filing. Potential clients should remember that although they may file a contested divorce action, the majority of divorce cases are eventually resolved by settlement of the parties as opposed to trial and/or a final hearing.
I KNOW MY SPOUSE WON’T RESPOND TO MY DIVORCE FILING OR FILE AN ANSWER. CAN I STILL FILE AN UNCONTESTED DIVORCE?
Many potential clients wonder if their divorce is considered “uncontested” if their spouse refuses to sign the settlement documents or they believe their spouse will simply ignore the divorce filing. In these situations, the divorce is considered “contested” since your spouse has refused to sign the settlement documents necessary for the filing of an uncontested divorce. Therefore, a petition will have to be filed and will need to be served on your spouse. He/she will then still have an opportunity to respond to the divorce petition/complaint and will still have the opportunity to appear at any hearing associated with the divorce. This includes the final hearing, even though he/she may not have formally filed an answer to the complaint/petition for divorce. Therefore, under these circumstances, it is advisable to have legal counsel guide you through the divorce process even if you think your spouse will not participate in the divorce process or respond to the divorce complaint/petition after being served. If you have questions concerning the divorce process, contact
The Faucette Law Firm LLC at (770) 485-6620.