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What Constitutes an Unopposed Divorce?
If one of the Spouses wants a divorce and the other one agrees to it you would think it was safe to assume that this will be an Unopposed Divorce. However, just because the other Spouse has agreed to the Divorce does not automatically mean the Divorce will be unopposed.
Sounds weird? Let us unravel this mystery for you:
The other Spouse might agree to the Divorce itself but:
Not agree to certain clauses in the Particular of Claim
Are unhappy about the suggested division of assets
Maybe they are displeased with the reasons given for the breakdown of the marriage relationship
There’s a possibility that they want Primary Residence (Custody) of the Minor Children –
instead of it being awarded to you
They find the parenting plan quite unsuitable for their lifestyle
Maintenance amounts become a contentious issue
Above are just six of the main reasons why a Divorce (despite it being agreed to by both Spouses) becomes Opposed.
So when you phone your Divorce Attorneys and tell them that you want to consult with them about an Unopposed Divorce, be very sure that it really is Unopposed. It’s unwise to make the assumption that your Spouse will agree to all the conditions just because they agree to the Divorce. It’s also ill advised to believe that you have rights that the other Spouse must acknowledge and to which they must accede. Your rights are basically what the Law allows for and what your Divorce Attorneys manage to negotiate on your behalf.
A Divorce is only ever Unopposed when both Spouses agree not only to the Divorce itself but also to every single clause in the Divorce Settlement Agreement. This doesn’t happen nearly as often as it should and consequently Divorces become costly because the Spouses cannot (through their Attorneys) reach an amicable Agreement. When there is discord and acrimony there is an Opposed Divorce and increased costs. A truly Unopposed Divorce is calmer, quicker, cheaper and better for any Minor Children who may be involved.