Common Questions About Divorce Teague Law Firm in Rogers, AR
UNCONTESTED DIVORCE
Many times, the parties have discussed the terms of their Divorce prior to seeing an attorney. If one party hires an attorney, the attorney will file the Complaint for Divorce. Once filed, the Complaint must stay pending for at least thirty (30) days.
During the thirty (30) day period, the attorney will prepare the Decree of Divorce and a Waiver of Service of Summons and Appearance. The opposing party will be given the Decree of Divorce and Waiver for review. The opposing party can ask an independent attorney to review the paperwork, or chose to execute the paperwork without counsel. The Waiver of Summons will be filed with the Court.
The filing party may then present the Decree of Divorce to the Court for approval without appearance of the opposing party after thirty (30) days has passed from the filing date. The Decree of Divorce signed by both parties is binding on the parties as if the Court would have ordered at trial. Uncontested Divorces may involve less cost and attorney’s fees than a Contested Divorce.
CONTESTED DIVORCE
A Contested Divorce is one in which the parties have not reached an agreement concerning their Divorce issues. The filing party will hire an attorney to file a Complaint for Divorce and obtain a Summons. The Defendant will be served with the Complaint and Summons and in most cases have thirty (30) days to respond. When the Defendant hires an attorney and an Answer is filed, the matter is then considered “contested”. The case will typically be set for trial by the Court within 90 to 120 days.
During the contested period, before trial, many things may occur. Discovery may be produced and each party may be asked to answer questions and produce documents. Depositions may take place where the parties answer questions in person under oath. During this time, the attorneys may correspond, and settlement offers can be exchanged. Additionally, the parties may choose to have a third-party Mediator attempt to settle the case.
If settlement is not achieved, then the case will proceed to trial on the issues that are unresolved. The Court’s decision is binding on the parties.
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