Virginia Cornwell is a Columbus Ohio Uncontested Divorce Attorney.
In Ohio, uncontested divorce is not the same thing as dissolution (which is often referred to as amicable divorce, no fault divorce, agreed divorce, and “disolutionment“).
As the name suggests, uncontested divorce is part of the divorce process, not part of a dissolution. One of the primary differences between a divorce and a dissolution is that the marriage can end with only one party present at the final hearing. This can be important where one party either ignores the divorce papers, or, in the case of deployed military members, would like the marriage to end but find it difficult to attend the hearing.
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Uncontested divorce has, more or less, three scenarios:
1. The parties agree on the terms of ending the marriage, but for whatever reason, one of the parties cannot or does not want to attend the final hearing. The case is filed as a divorce. The parties may execute joint paperwork if they wish, such as a Separation Agreement and a Shared Parenting Plan. The parties can request an uncontested hearing. At this point, the party who is not attending the hearing is at some risk. Although he or she may have seen the divorce decree the parties agree upon, they run the risk that the Agreed Decree of Divorce will not be presented to the Judge, and instead another Decree, more favorable to the party attending the hearing, will be presented. It happens. Therefore, the party that cannot attend the hearing would be wise to have an attorney attend the hearing on his/her behalf to make sure the paperwork is correct.
CALL NOW at (614) 225-9316
2. One party files for divorce. The other party, once served, does not answer the complaint or come to the uncontested hearing. The party who filed the complaint gets everything they asked for, providing the court has jurisdiction to award it.
CALL NOW at (614) 225-9316
3. Someone files for divorce and initially, the case is contested. However, at some point, the parties reach agreement and settle the case. They have an uncontested final hearing, at which they give brief testimony regarding the facts in the complaint and the terms of the settlement.
CALL NOW at (614) 225-9316
Need some help? We would be happy to schedule a consultation with you. Please give us a call, and one of our Columbus Ohio Divorce Lawyers will meet with you to discuss your case.
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