Uncontested Divorce


#1

My ex and I have agreed to have an uncontested divorce. I don’t know if he will change his mind. On the court date,if he shows up with an attorney or shows up without an attorney and tells the judge know that he is contesting the divorce and wants equitable distribution, will I have an opportunity to stop the process and request legal counsel?


#2

A claim for equitable distribution has to be pending at the time a divorce is granted or you lose the right to assert that claim. If he shows up and tells the court that he wants ED, he will need to file it in an answer before the divorce is entered. If he files an answer and counterclaim for ED, this should not impact your ability to get a divorce granted on the day of the hearing. If there would be a reason that you would want to stop and consult an attorney at that time, then you should go ahead and consult with one now. This will afford you the opportunity to address your concerns and be prepared if/when that scenario occurs.