What is Uncontested Divorce and its pros and cons?

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Uncontested would be the ex-parte divorce or by the way of mutual divorce.  In the ex-parte divorce, the Respondent would not appear before Court even after serving the notice in the divorce case filed by the Petitioner spouse who is seeking divorce.  Usually after filing divorce petition, Court issues summons to the Respondent by intimating the fact that a divorce case has filed against him/her.  If the Respondent not turned up despite effective service of notice for three times, and if the Court finds that there is no sufficient cause for non appearance of the Respondent, then the court grants the ex-parte divorce to the Petitioner spouse.

In Mutual consent Divorce, on the other hand, could be filed when both parties agreed to go for divorce as they found it is impossible to continue their marital relationship, would file a divorce petition with some settlement terms and conditions before Court.  Here the terms of the settlement would include the child custody, maintenance or alimony for both wife and children, joint properties earned from both party’s income etc. and return of articles of wife etc.  The statement of the parties and the terms of settlement will be recorded by the Court.  Court after six months call the parties and enquire with them whether the position remains the same with them.  If the parties still willing to proceed with divorce, then the Court records their statements again and grants the order of divorce, by which the marriage between the parties dissolved

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Pros and Cons:

  • A decree of ex-parte divorce can be reopened by the uncontested spouse within 90 days from the date of the decree.  However, if it is not reopened within that specific period, then the decree would become final and the marriage between the parties could be considered as dissolved.  Petitioner spouse can remarry to any other and would be valid in the eye of law.
  • Marriage between the parties would be dissolved by Decree of matrimonial relief by the way of Mutual consent divorce.
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By Anitha Gutti