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Default divorces, Mediation-Friendly Divorces, Flat Fees and What You Need to Know

Jun 11, 2015 @ 12:41 PM — by Michael Green

In an amicable, uncontested divorce setting, where the parties are essentially agreed upon terms before or after a mediation, the parties may either go forward with a default divorce or an uncontested divorce.  At Green & Associates, we can help you through this process generally with flat fees.  In such a situation, generally, the parties are also seeking to avoid costly divorce litigation.  Call us now at 732-390-0480 or 201-242-1119 for a free consultation regarding an amicable divorce for a flat fee.

Where the parties agree upon terms of a divorce, a property settlement agreement may be drafted that contains all the terms of a divorce, including child support, child custody, alimony or a waiver of alimony, equitable distribution of property, such as retirement accounts, 401ks, IRAs, pensions, a marital residence or the distribution of a business.  Upon execution of the property settlement agreement, the parties may proceed towards an uncontested divorce.  An uncontested divorce is where the parties are not contesting the terms of the divorce and have agreed upon the terms.  If this is done early in the process, litigation beyond the filing of the complaint for the divorce, is avoided.

The uncontested divorce may proceed by default, if the other party does not wish to enter an appearance or answer the divorce complaint that has been filed.  One party will then proceed with the filing of a divorce complaint and seek default in the matter relying on the Property Settlement Agreement and its terms to be entered and incorporated with any default judgment entered by the Court.  Both parties then receive a copy of the Judgement of Divorce entered by the Court and may rely upon the terms of the Property Settlement Agreement as regards the terms of their divorce.

Alternatively, the other party may appear or answer the complaint for divorce, in which case they or their attorney would go forward in the case.  If the parties are agreed upon terms in an agreement, they may still go forward as an uncontested divorce, but in this case, as opposed to a default divorce, both parties appear at the final hearing for the uncontested divorce.

In a mediated divorce setting, after the parties agree upon the terms of their divorce, in what is generally termed an MOU or Memorandum of Understanding, the MOU must be converted to a Property Settlement Agreement and executed.  An MOU is essentially an agreement to agree so the drafting of a PSA is necessary to put through the divorce.  Thereafter, the parties may proceed with a default divorce or an uncontested divorce where both parties are in the case.

For more information about our flat fees and a default or uncontested divorce, please call us at 732-390-0480 or 201-242-119 for a free consultation.

We serve Middlesex, Bergen, Somerset, Monmouth, Mercer and Union counties and towns including but not limited to East Brunswick, North Brunswick, New Brunswick, South Brunswick, Piscataway, South River, Parlin, Old Bridge, Marlboro, Manalapan, Bridgewater, Somerset, North Plainfield, Fort Lee, Leonia, Hackensack, Edgewater and many others.






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