Uncontested divorce


#1

I just filed a complaint for divorce based on 1 year separation. My wife will not contest divorce, and we will try to cooperate. We hope to agree on alimony/ED, but as there is no guarantee we will agree I think she should preserve her rights. Can I notice a hearing just for the divorce itself, after 30 days? To preserve her rights in the event of disagreement, should my wife file a counterclaim for alimony and ED? Would her counterclaim delay getting the divorce itself? Will the judge set a hearing on property/alimony or will that rest until one of us files a notice for a hearing? Thank you!


#2

If a claim for ED is not pending prior to a divorce being granted, neither of you will be able to file one later. I’m not 100% sure if the same applies to alimony, although I believe it does. In short, file ED before your divorce is granted, unless you are sure you won’t ever need to.


#3

The matter can be set for hearing 30 days after service. Your wife does indeed need to preserver her rights to Alimony and ED, and file a counterclaim for each, you also need to make a motion in the cause for ED to preserver your own rights (her claim does not preserve your rights). The additional claims will not delay the divorce itself.