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Uncontested Divorce or Default Divorce - Save Time and Money

Oct 20, 2015 @ 10:25 AM — by Michael Green

Uncontested Divorce or Default Divorce are generally divorces where the parties are amicable and agree upon the terms of their divorce.  At Green & Associates, whether you are near our East Brunswick divorce office in Middlesex County or our Fort Lee divorce office in Bergen County, we can help you obtain an amicable uncontested divorce where you will pay less money and be divorced in less time.  Call us now at 732-390-0480 or 201-242-1119.

If someone wishes to obtain a divorce, generally, the divorce itself will be granted.  It is the terms of a divorce that may be contested by a party.  Where the parties generally know what terms they wish to have or the estates are not too complicated, an uncontested divorce or a default divorce may be just what they are looking for as a way to save time and money in the divorce process. Divorce mediation may not be necessary when the terms are basically agreed upon.

A default divorce is where only one party is entered into the case and the divorce goes through without the other party answering or putting in an appearance in the case.  After service of the summons and complaint, if the defendant party does not answer or appear in the case, in 35 days they will be in default and the case may proceed without them.  If the parties wish to proceed amicably, a property settlement agreement may be drafted which contains all the terms of your divorce that may include issues regarding alimony, child custody, child support and equitable distribution.  The property settlement agreement may then be executed by the parties and incorporated into any judgment a court may enter as to the divorce.  In this manner, only one party has to appear at the final hearing as well.  It is recommended that the other party obtain an attorney to review the terms of the property settlement agreement.  This is a form of uncontested divorce.

Generally, an uncontested divorce is where both parties are in the case.  One party files the divorce complaint and the other party answers with or without an attorney.  A property settlement agreement is drafted, agreed upon by the parties, executed and then an uncontested hearing is held that both parties attend to put through the divorce.

In either a default or uncontested divorce the process saves a great deal of time and money from what may be a contested divorce which could take six months to a year or more.

Michael S. Green, a divorce attorney, with many years of experience and many hundreds of cases behind him has the knowledge to help you through the divorce process whether it goes to trial or not. 


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