What is an uncontested case?

Let’s examine an uncontested case. An uncontested divorce case is a case in which all of the issues are in agreement and the parties are willing to execute and sign the necessary documents to have the matter brought before the court for entry of a judgment. Now, many people will say how can you have an uncontested case? How can you have people that agree on everything? They are getting a divorce after all.

Well, the truth is, many cases are uncontested. Many couples know that the marriage has broken down. They decided to move forward with their lives. They want to rectify their differences, reduce them to writing and move forward. Many couples do not want to waste years in court wasting thousands of dollars on attorneys’ fees and going through all of the anguish and agony and heartbreak that a difficult divorce can bring among the parties. In many cases, the parties have moved on and they simply waited to file for divorce for many years since the breakup. In those circumstances, and uncontested divorce is very common and very powerful.

In an uncontested divorce, one attorney can technically draft papers. The parties can sign one through counsel and one on their own behalf or through counsel of their own. And the documents can be filed with the court. A final court date can be set and the matter can be proved up in front of the judge. At the prove up date, the court will elicit testimony from the petitioner. The court will examine the documents, identify the signatures, go through some of the terms of the agreement and if it’s not unconscionable, the court will enter a Judgment for Dissolution of Marriage. The Judgment for Dissolution of Marriage is a technical way of saying divorce. Uncontested divorces are more common than most people think because more and more couples today do not want to waste money on attorneys’ fees, especially if they know the marriage is over and they have resolved to the fact that they want to move on in their lives.

If you are considering an uncontested divorce, make sure that you cover all the potential issues with your spouse so that you can reach an agreement on those prior to seeking legal advice.

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