The duration of divorce proceedings depends on whether it is a contested or an uncontested divorce.
What is the difference between a contested and uncontested divorce?
A contested divorce is one in which the parties are unable to agree, either about getting a divorce or about the terms of the divorce.
An uncontested divorce is where the spouses agree on all issues and do not require intervention from the courts to divide assets or make determinations about spousal or child support or custody. This helps to avoid a costly litigation.
The initial stage of the two types of divorces differ as follows:
- Contested Divorce
- Filing of divorce papers
- Service of divorce papers
- Filing of the Memorandum of Appearance by the Respondent indicating his intention to contest the Divorce Petition
- Respondent files an Answer or an Answer and Cross Petition to explain why he is contesting the Divorce Petition
- Exchange of court documents
- Lawyers file the setting down papers to get a hearing date
- Lawyers attend Pre-Trial Conferences
- Divorce mediation to attempt settlement
- Lawyers attend another Pre-Trial Conference
- Hearing of the Divorce Petition, granting of Interim Judgement
- Uncontested Divorce
- Filing of divorce papers
- Service of divorce papers
- Filing of the Memorandum of Appearance by the Respondent indicating that he has no wish to contest the Divorce Petition
- Lawyers files the setting down papers to get a hearing date
- Hearing of the Divorce Petition, granting of Interim Judgement
- After three months, granting of the Certificate of Making Interim Judgment Final
Within approximately 10 days after the granting of the Interim Judgment, the second stage of the proceedings for the Contested Divorce will commence. They are:
- Pre-Trial Conference for ancillary matters
- Mediation/counselling
- Adjourned Pre-Trial Conference to ascertain if there is a settlement
- If there is no settlement, adjourned Pre-Trial Conference for parties to file affidavits (there are usually 2 to 3 rounds of filing)
- Hearing of the Ancillary Matters
- Granting of the Certificate of Making Interim Judgment Final
For more information contact Singapore divorce or family lawyer Raphael Louis (Ray) or visit his website. You can also get more information from the Family Justice Courts website.