An uncontested divorce can be put through the Courts generally when the parties have agreed upon the terms of a divorce. A party can contest the terms of a divorce but generally cannot prevent the divorce itself if the other party wishes to go forward with a divorce. If the parties agree upon the terms of a divorce generally the terms are drafted into the form of a matrimonial or property settlement agreement. The MSA or PSA will contain all the terms of your divorce which may include terms about alimony, child custody, child support, equitable distribution of property, division of retirement accounts and debt of the parties. Other terms include how taxes will be paid, extracurricular costs or expenses for the children, college tuition and expenses, credit card debt payment, car loans or lease payments, payment of mortgages or refinancing of mortgages of marital property.
A default divorce is a divorce where one party files a complaint for divorce and the other party does not answer or appear in the case. This may be a form of uncontested divorce where the parties agree to an MSA and the terms of the divorce are put through the Courts with only the filing party appearing in the case. A default divorce is often used when there is little contested or the other party wishes not to hire an attorney to appear in the case. A notice of equitable distribution may be used to divide property as an alternative to an MSA, but should be used sparingly when there is little at issue. It is best when there is a lot at issue that both parties show their assent to the terms of the divorce directly by executing an MSA.
At Green & Associates, we will draft a Property Settlement Agreement for you in an uncontested divorce or default divorce. Ask us about our flat fees for an uncontested divorce or default divorce and how we can you save you time and money in the process.