Dear Jojo,
Our understanding of the applicable law is that uncontested divorce can be filed for either a no-fault divorce or fault divorce.
A divorce case is contested if the parties disagree on any issue of the divorce, including such things as custody, visitation, child support, payment of educational expenses for private school or college, alimony (maintenance) and/or health insurance for the dependent spouse, payment of marriage debts and division of assets, and income tax arrangements, as well as the ground for divorce itself.
A divorce case remains "Contested" until each item is resolved. It the parties do reach agreement on all issues at any time during the period when the case is pending, they can ask the court to hear the divorce matter as uncontested.
When this happens, the court will provide the parties with an expedited Hearing. At this time it will hear proof regarding the grounds and the settlement, and will approve the settlement and enter Judgment on that day or shortly thereafter, if the principles of the law have been met.
Disclaimer: Legal Helpmate Corp. is not a law firm and does not give legal advice. If difficult legal issues are involved, you should consult an attorney.
Best regards,
Customer Support,
|