What does it mean to have a contested divorce?
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What does it mean to have a contested divorce?
When one spouse challenges whether the couple should get a divorce or any other reason, you have a divorce dispute. This is referred to as a contested divorce and can take more than 18 months to be resolved. In this situation, spouses disagree about any of these things: Whether to get a divorce.
Can you deny your spouse a divorce?
If your spouse refuses to sign the divorce papers and give consent, you must prove the breakdown of the marriage, such as adultery or physical/mental cruelty. If you can show evidence of this when the court hears your divorce application, then you may be granted a divorce.
Can a divorce be granted without a settlement agreement?
Separated parties can have a property settlement without getting divorced and parties seeking to divorce do not necessarily have to have a property settlement. However, once the divorce is granted a party has 12 months to commence proceedings in the Court for property settlement.
