Westcreek, NJ Divorce Law Firms & Lawyers

Assuming you are proceeding in Colorado, you are somewhat misunderstanding the concept of "uncontested". There is only one kind of case to obtain a dissolution of marriage and whether it is "contested" or "uncontested" is simply a description of how the case ends - not how it starts. Uncontested means that the parties have reached a complete agreement and do not require any decisions by a judge. "Contested" means that, after good faith efforts, the parties cannot agree on everything and will require a judge to hear arguments and make a decision. Except for agreements related to children, a separation agreement is binding on the judge unless he concludes that it is unfair. If the judge believes it is unfair, he can refuse to approve it but he cannot make changes without conducting an "contested" hearing if the parties cannot reach an agreement on changes that will make it fair. It is rare for a judge to find a separation agreement unfair in Colorado. As to children, the judge is not bound by the parents' agreement and must decide for himself if it is best for the child. Unless the agreement calls for something truly unusual, it is also rare for a judge to disapprove a parenting plan agreement. Unless both parties have a lawyer, when there are children involved the Court must conduct an "uncontested" hearing to confirm that the parents do, in fact, have an agreement that is in the best interests of the child. If there is a written agreement, there is no absolute requirement to file a Response to the Petition - especially if the written agreement is filed with the initial Petition. Usually, however, the written agreement may not be completed at the beginning of the case. The risk you face by not filing a Response is that if either no written agreement is ever prepared and filed with the Court, the other party could tell the Court that you are just ignoring things and ask for the Court to find you in default. If you don't file a Response and are found in default, there is no requirement for the other party to send you notices of court hearings or other actions in the case. Therefore, the simple answer to what happens if you don't file a Response is that it may depend on whether you can trust the other party who filed the case to do what is right.

It mught be the basis why that person's income is so low, and that therefore they quailify for support.  If they are unable to work becaus eof the disability, it might mean that they are entitled to support.