Default or Non-Contested Divorce

By March 27, 2012Divorce
By Paule, Camazine & Blumenthal, P.C. of Paule, Camazine & Blumenthal, P.C. posted in Divorce on Tuesday, March 27, 2012.

Not every divorce is contentious. Sometimes parties reach agreements quickly and may even have the terms put in writing before the case is filed. Sometimes the agreement is reached by the parties by themselves with little or no assistance from their attorney or through the use of a mediator.

A divorce cannot be granted until 30 days have passed from filing of the initial pleadings and service on the Respondent. No divorce is granted without a court hearing as to the truth of the statements made in the Petition. If you are the Petitioner and the Respondent has refused to file an Answer and is therefore considered in default, you will likely be the only one in attendance at the hearing. You can anticipate the hearing itself to take only a few moments. Likewise, if you and your spouse reach agreements that are placed in writing to be presented to the court to be entered as its orders in granting a dissolution, the hearing will also be short. Sometimes problems can arise at the last moment at court on the day of the hearing, so it is best that both parties attend the hearing.

There is also a procedure that allows parties to submit paperwork to the court for review and the granting of dissolution without the necessity of a formal hearing. The availability of this procedure, called Dissolution by Affidavit, varies from Judge to Judge. The best way to determine if these abbreviated procedures are available for you is to check with an experienced divorce attorney.

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