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Uncontested Divorce

An uncontested divorce is one where the parties do not disagree about the terms or conditions of the divorce. Even an uncontested divorce requires the filing of a complaint or petition to begin the legal proceeding. Other filings include child custody and final judgment documents.

Some states permit one party to obtain a divorce based on "no-fault". This type of divorce requires only that one party wants to end the marriage. Hence, the lack of any finding of fault on the part of one spouse or the other. If no answer is filed to the no-fault complaint or petition, ordinarily a divorce will be granted on a default basis. The rationale underlying no-fault provisions is that couples cannot be forced to stay together and that sooner or later, with or without the acquiescence of the state, a bad marriage will fail. There is some statistical support for a finding that divorces, at least for a brief period following the passage of no-fault legislation, do increase.

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