Sometimes the defendant, who is also called a respondent, fails to reply by agreement, and sometimes he or she fails to reply because he or she is in parts unknown.

In a noncontested divorce, both parties agree to everything, compared to a contested divorce that is adversarial.

A noncontested divorce can be accomplished more easily than applying for a passport (and depending upon the jurisdiction, it may take less time to get a divorce than receive a passport). The spouses part without a trial and don’t even appear in court. The couple complete and file court forms and a marital settlement agreement that stipulates the terms and conditions of property distribution and child support and custody. A judge approves the settlement unless it grossly unfair to one party. If there are no children involved, a couple can agree to divide the marital estate in any way that is legal.

When the divorce is not contested, very often the spouses can negotiate their own settlement, and the involvement of attorneys and professionals is minimal.

After a waiting period that varies from state to state, the divorce is issued.

Uncontested divorces lend themselves to one spouse doing the work pro se, and the other letting everything fall into place.

Sometimes spouses work cooperatively in a noncontested divorce. Sometimes the proceeds by default, when one spouse either intentionally does not respond or have vanished to parts unknown.

See also Summary Divorce; Default Divorce; Fault and No-Fault Divorce.

Your Suggestion

1. The Benefit of an Uncontested Divorce
   An uncontested divorce makes it much easier on both spouses and the children because when it is over, the former spouses will have more money left to carry on in their lives. Strained finances stress the lives of the formerly married who are starting anew as single people.
   Contributed on 7/11/2007 by: DivorceDex.com Staff

   Category: Filing Procedure  (Applicable in All States)
2. Reaching an Agreement Makes the Best Out of an Unhappy Situation
   When a marriages must end, the couple who can negotiate their own marital settlement agreement and file an uncontested divorce make the best of a sad situation. In the long run, this routine -- negotiated settlement and uncontested divorce -- is the one most likely to do least damage to the spouses. And it goes without saying, undamaged parents make better parents.
   Contributed on 7/11/2007 by: DivorceDex.com Staff

   Category: Agreements  (Applicable in All States)
3. Party Titles for Divorcing Spouses
   In some jurisdictions, when a couple divorce without contest or litigation, the person who initiates the action is called the petitioner, not the plaintiff, and the person who responds is called the respondent, not the defendant.
   This terms more accurately describe a procedure that is not adversarial.
   Contributed on 7/11/2007 by: DivorceDex.com Staff

   Category: Filing Procedure  (Applicable in All States)

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