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    What is an "uncontested divorce"?
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    Most often the divorce itself is not contested. In those cases the party being served with the divorce documents may chose not to oppose the request for a divorce and not file any responding material. It is no longer seen as a sign of shame if the other person "gets" the divorce. This usually happens where the parties have already negotiated the terms of their separation and have a separation agreement, marriage contract, or cohabitation agreement. The divorce judgment in these cases may include the terms already agreed upon or not make any reference to anything but the divorce itself.

    If you are the person being served with divorce documents and think that everything has been agreed upon, you should be sure you have it in a proper agreement before allowing the divorce to go through uncontested. This is one of those situations where you should have advice from a family law lawyer before deciding whether to let the divorce go through uncontested. Just thinking you and your spouse have agreed upon something may not make it so, even if the two of you are in agreement.

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