# Uncontested divorce **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [March 25, 2011, 5:47pm UTC](https://forum.rosen.com/t/uncontested-divorce/12036 "2011-03-25T17:47:00Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![roland35](https://avatars.discourse-cdn.com/v4/letter/r/46a35a/32.png) [@roland35](https://forum.rosen.com/u/roland35)\ **Post date:** [March 25, 2011, 5:47pm UTC](https://forum.rosen.com/t/uncontested-divorce/12036/1 "2011-03-25T17:47:00Z")
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! ---
**Author:** ![LuvMyGirls](https://avatars.discourse-cdn.com/v4/letter/l/8c91f0/32.png) [@LuvMyGirls](https://forum.rosen.com/u/LuvMyGirls)\ **Post date:** [March 25, 2011, 7:34pm UTC](https://forum.rosen.com/t/uncontested-divorce/12036/2 "2011-03-25T19:34:41Z")
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. ---
**Author:** ![Erin\_Clarey](https://avatars.discourse-cdn.com/v4/letter/e/9de0a6/32.png) [@Erin\_Clarey](https://forum.rosen.com/u/Erin_Clarey)\ **Post date:** [March 25, 2011, 8:48pm UTC](https://forum.rosen.com/t/uncontested-divorce/12036/3 "2011-03-25T20:48:21Z")
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.