- Divorces are categorised as either uncontested (otherwise known as unopposed) or contested (aka opposed).
- We will now provide a brief summation of the above.
→ UNCONTESTED DIVORCES:
This is definitely the best option as the parties agree on the terms of the divorce.
There is no trial, and the parties can instruct the same attorney who has no conflict of interest in the matter to assist.
The parties conclude their terms of divorce in a settlement agreement that will be made an order of court.
One of the benefits of this specific type of divorce is that there is no prolonged litigation process, whereby the legal costs are drastically curtailed.
→ DEFAULT DIVORCES:
If a summons was duly served by the sheriff on the defendant, and he or she does not respond (serve and file a notice to defend the divorce), the court will grant a divorce by default.
→ CONTESTED OR OPPOSED DIVORCES:
It is common cause that a divorce is contested when the parties are not able to reach an agreement on e.g. the division of any accrual and/or the division of the joint estate.
- The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances – 15 August 2018.