What does contested mean in a divorce?
In a contested divorce you and your spouse cannot agree on the terms of your divorce and need a judge to help you sort it out. In a contested divorce that does not settle, the judge is the one who is ultimately responsible for making the decisions for the couple.
What if my spouse contests the divorce?
In some jurisdictions, if the spouse did not contest the divorce or any particular issue in their response, the judge may allow you to proceed with an uncontested divorce. You may have to move forward with a contested divorce, though. A court hearing will be set, and your spouse will be served with the court date.
What happens when one party refuses divorce?
The Court can grant a divorce order, even if the spouse refuses to sign any documents. If the responding spouse does not attend the hearing, the Court may finalise the divorce application in their absence. Otherwise, the spouse may ask the Court to appear by telephone.
Can I refuse to give my husband a divorce?
Sometimes, a spouse may be so unwilling to get a divorce, they may simply refuse to sign the papers and hope that this stymies your divorce plans. Note, however, that the court will only grant your divorce if it is satisfied that proper arrangements have been made for any children aged under 18 who are involved.
What are wife’s rights in a separation?
In a legal separation proceeding, a court can decide matters such as child custody and support, alimony and property division. However, as stated above, the spouses will remain legally married and cannot remarry unless and until they get a divorce. whether one spouse is entitled to temporary alimony.