By: | Contested Divorce , Did You Know?

If a response to your papers is filed by your spouse, the case is contested. The proper form of a response is a “Notice of Appearance,” which usually contains a “Demand for a Complaint.” CONTACT Premier Paralegal IMMEDIATELY.

You will respond to this Notice by serving (by mail) and filing a “Verified Complaint” which details the grounds for the divorce and the relief requested. If your spouse fails to respond to the Complaint within 20 days, you will proceed to file your uncontested divorce papers because your spouse has seen the complaint and failed to respond (i.e. “by default”, accepts what is contained in the complaint.)

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If, on the other hand, your spouse does send you a “Verified Answer” to your Complaint, the case is “contested” and you can go forward with the divorce only by agreement (“Stipulation of Settlement”) or by doing legal battle in court.

You can try to reach an agreement by discussing the issues with your spouse or with the help of a mediator. If the case becomes contested, temporary maintenance may be ordered by the judge until a final settlement is reached or the divorce is finalized.

Alternatively, you can hire attorneys to help you reach an agreement with one another, or to help you go to trial, where the judge will decide the outcome.

Premier Paralegal can help you with your uncontested divorce case by preparing all of the necessary court documents.

Premier Paralegal can also help with personal service and service by mail of documents where required, and by putting your agreement on the terms of the divorce, where appropriate, into the format of a Stipulation of Settlement.

However, if your case becomes contested, or the Court decides that it considers the case to be contested, Premier Paralegal cannot assist you any further. Premier Paralegal can, however, refer you to a mediator or a private attorney upon request.