Uncontested Divorce
An uncontested Divorce case means that the parties have been able to agree to settle their disputes and divorce each other in a friendly amicable manner. Compromise and give and take by both parties is necessary in order to reach an agreement that is acceptable to both parties. In an uncontested Divorce action, the agreement entered into by the parties to resolve their disputes, and is filed with the court, is called a Separation Agreement. The Separation Agreement will be treated by the court the same as a binding contract. The court must decide if that contract is "not unconscionable" before the court can enter an order dissolving the marriage, and approving the parties' agreement. This means that the terms of the Separation Agreement must be fair and equitable, and that neither party has an upper hand, or will benefit unfairly from the agreement. The parties must sign the agreement, and when the judge enters a Decree, the court will adopt each of the terms of the Separation Agreement, as an order of the court. Future enforcement of all of the terms of the Separation Agreement, is a powerful post dissolution remedy for a party who claims that a former spouse has failed to live up to the terns of the agreement as expressed in the Separation Agreement.