1. Divorce by Agreement
2. Divorce by Default
3. Divorce by Trial
Divorce by Agreement means that the parties agree to cooperate. If there are no issues, the parties cooperate in the divorce process and the divorce is usually finalized without a court appearance. If there are issues, the parties cooperate and are willing to approve a Marital Settlement Agreement or a stipulated judgment. In most cases, the parties do not need to go to court and the divorce is finalized in an easy and efficient manner.
Divorce by Default means that when served with divorce papers, the ‘respondent’ does not respond and does not wish to sign approve an agreement. If the spouse does not respond within 30 days, then default papers can be filed with the court. If there are no issues to address, the default divorce can be finalized by the court without a court appearance. However, if there are issues that need to be addressed then the petitioner (the one who filed for divorce) would simply go to the ‘default’ hearing before the judge. Usually, the petitioner’s reasonable requests are granted.
Divorce by Trial means that when served with divorce papers, the spouse responds within the 30 day period. This usually means that the ‘respondent’ is not in agreement with some or all of the issues involved in the divorce. Note, that this is not always the case. Sometimes the spouse responds to protect his/her legal rights and may still wish to agree on the issues. If, however, both parties cannot come to agreement on their issues then a trial may be the only alternative. In this case, the petitioner (the one who files for divorce) may choose to continue with the Legal Action Workshop ‘a la carte’ system and request a trial setting, prepare a trial brief and go to trial with or without an Attorney all for low flat fees.