If the parties to the divorce action are in agreement on all issues, including, but not limited to, child support, spousal support, visitation, custody, property division, and division of debts, then the divorce can be finalized at the end of a 60-day waiting period. This is known as an uncontested divorce.
On the other hand, if the parties have not reached an agreement on all issues, the divorce is said to be contested. It takes much longer for a contested divorce to be finalized.
Whether the divorce is fault or no-fault, contested or uncontested, there are certain procedures that must be followed. Once the petition for divorce is filed, it must be served upon the other spouse by the sheriff or a private process server. Once the petition has been served, the opposing spouse has a certain number of days to respond. If the opposing spouse fails to file an answer, the court cannot grant a default judgment in favor of the plaintiff.
UNDERSTANDING THE ISSUES IN A DIVORCE
Because there are many complicated and emotionally charged issues involved in a divorce, it’s imperative that a party to divorce understand the the long term impact of how these issues may be resolved. It’s not unusual for a party to decide, years after the divorce, that he or she is unhappy with the terms and seek a modification.