Shorten the Divorce Process by Waiver
Shorten the Divorce Process by Waiver
In almost any court proceeding, defendants have 20 to 30 days to answer a complaint. This is even true for uncontested divorces. Even though both spouses may consent to the divorce, and even agree on terms, one spouse will have to initiate the divorce proceeding by filing a complaint with the court. In an uncontested divorce, the defendant may not want to answer the complaint. Since the parties have already agreed to the terms of the divorce, the defendant has no reason to challenge the divorce. But since a defendant has 20-30 days to answer a complaint, there is an unnecessary delay in the process. The defendant can eliminate this waiting period by waiver and allow the case to proceed more quickly. This waiver can be made in the defendant’s affidavit, which is to be filed with the divorce.
Divorce Attorney in Mineola
If you would like to speak with an attorney about expediting a divorce case, The Law Firm of Vaughn, Weber & Prakope, PLLC can help. Call our office at 516-858-2620 today to schedule a free consultation. We are located in the heart of Long Island at 393 Jericho Turnpike, Suite 208, Mineola, NY 11501.
Uncontested Divorce
It has become apparent to me that the term “UNCONTESTED DIVORCE” has a lot of people confused. An uncontested divorce is actually quite simple. In short, an uncontested divorce simply means that the two parties will have no dispute as to maintenance, child support, child custody or visitation, or equitable distribution. If you fit these criteria, then your marriage may be ended via an uncontested divorce. If there is a dispute to one or more of these issues that cannot be resolved by the parties, then the divorce will be transferred to the contested divorce calendar. Although the uncontested divorce process is less litigious, it is still wise to consult with and retain an attorney to ensure that the proper paperwork is completed and filed. Errors in the divorce papers themselves, or filing errors will result in extreme delays of the judgment. The uncontested divorce process on average will take anywhere between three to six months to complete. Errors can double or triple that time frame. Severe errors could lead to a dismissed case or a case being sent to the contested divorce calendar. Cooperation of the parties can significantly shorten the wait time for the divorce to be complete.
Long Island Divorce Attorney
If you have any questions on how to process an uncontested divorce as quickly as possible, please feel free to contact one of our attorneys at (516) 858-2620!
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