Andrea Kaye And Stan Prowse Legal Eagle Radio

Contested Uncontested Divorce

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Sinopse

The phrases contested divorce and uncontested divorce can be misleading.  Let’s take contested divorce first, because its meaning is clearer than uncontested divorce.  From the court’s viewpoint  contested means that the case ended with a trial, the judge decided the issues, and the decision is attached to the one page mandatory judgment form as the terms of the judgment.  Of course, there are trials and there are trials.  In some cases the parties can agree on all issues except one or two, and those are the only issues decided at the trial. In that event the terms of the judgement are a combination of the judge’s decision on a few issues and the parties’ agreement on the rest. Going to Trial over Divorce or Not? If there is no trial the divorce is uncontested.  All cases in which the parties reach a settlement on all issues are uncontested in this sense.  From the parties’ viewpoint the case may have looked like World War III, but it just didn’t go to trial.  Instead it settled completely, the parties sign